OHIO 

SCHOOL LAWS, 



In Force April 27th, 1893, 



ALSO 



. . . A JSE^T OJ^ . . . 



Black forms and Directions 



TO SERVE AS A 



Guide for School Officers. 



LIBRARY OF CONGRESS, 

RECEIVE© 

MAR 2 7 1902 



DIVISION OF DOCUMENTS. 



NOR WALK. OHIO. 

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Ohio School Laws 



IN FORCE APRIL 27th, 1893, 



ALSO 



A SET OF 



Blank Forms and Directions 



TO SERVE AS A 



GUIDE FOR SCHOOL OFFICERS. 



NOR WALK, OHIO: 
THE WANING PRINTING CO., STATE PRINTERS. 
1893. 



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SEP 23 1904 
D. of 0, 



Xn exchange O.T.Powner. 



Preface. 



At the adjourned session of the 70th General Assembly, the follow- 
ing joint resolution was adopted: 

"Be it resolved by the General Assembly of the State of Ohio, That 
the State Commissioner of Common Schools is hereby authorized and 
directed to have printed and bound in cloth fifty thousand copies of the 
School L,aws of Ohio in force at the close of this General Assembly, 
with necessary notes and references for the instruction of school officers.*' 

In accordance with this resolution, this edition of the School Law* 
is published and distributed. Since the last edition was published in 
1889, many very important changes have been made in the laws, and 
some very important decisions have been rendered by the courts. These 
decisions, together with the usual blank forms and instructions for school 
officers, will be found in this volume. A great many inquiries as to the 
meaning of certain technical terms contained in the law reach this office. 
In the great majority of instances it is impossible to answer such in- 
quiries with any degree of definiteness, as so little is known of the facts 
and surrounding circumstances. In nearly every instance, the law will 
be found to be plain, and if carefully read in connection with the ap- 
pended notes, will carry with it its own interpretation. However, in 
order to aid the reader in getting an intelligent comprehension of the 
law, the following General Rules of Interpretation are given. 

"In considering questions arising under the school legislation of 
the State, such construction should be placed upon its various enact- 
ments, and the several provisions thereof, as will give harmony to our edu- 
cational system, and secure, as far as practicable, its equal benefits, and 
the reasonable facilities for their enjoyment, to every locality." [21 O. S., 
339.] 



4 PREFACE. 

"Statutes should be so construed as to give effect to the intention of 
the legislature, and, if possible, render every section and clause effectually 
operative.' [1 O., 381.] 

"In interpreting a statute or other written instrument the intention 
of the framers must be arrived at, if possible, and, when necessary, the 
strict letter of the act, instrument, or law must yield to the manifest in- 
tent." [39 Mo., 80.] 

In this connection, I desire to acknowledge the aid and advice given 
by Attorney-General Richards in the preparation of this volume. 

Oscar T. Corson, 
State Commissioner of Common Schools. 
November 15th, 189S. 



KeVised Statutes of 'Ohio. 



TITLE III. 

SCHOOLS. 



CHAPTER 1. 
CHAPTER 2. 
CHAPTER 3. 



CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 10. 
CHAPTER 11. 
CHAPTER 12. 
CHAPTER 13. 
CHAPTER 14. 



classification and change op districts, 
city districts op the first class. 
City districts of the second class and vil- 
lage DISTRICTS. 

Township and special districts. 

Joint sub-districts. 

School funds. 

Provisions applying to all boards. 

School-houses and libraries. 

Schools, and attendance enforced. 

Enumeration, treasurer, and clerk. 

Reports. 

Examiners. 

Teachers' institutes. 

Cincinnati and Toledo universities. 



CHAPTER 1. 



CLASSIFICATION AND CHANGE OF DISTRICTS. 



3885. 
8886. 



8888. 
3889. 



3890. 
3891. 



Classes of school districts: 
City districts of first class. 
Citv districts of second class. 
Village ditsricts. 
Change of classification i 

certain cases 
Township districts. 
Special districts. 



Section 
3892. Boundaries of sub-districts not 
changed. 
Transfer of territory from one 

district to another. 
Township districts may be- 
come village districts. 
How vote shall be taken. 
How board organized. 



3893. 
3894. 



3895. 
3S96. 



Sec. 3885. The state is hereby divided into school cia»te»of 
districts, to be styled, respectively, city districts of the first fricu. *" 
grade of the first class, city districts of the second grade of 
the first class, city districts of the first class, city districts 
of the second class, village districts, special districts, and 
township districts. [70 v. 195, § 1; 84 v. 184.] 



OHIO SCHOOL LAWS. 



Ch. 1. 



Classification and Change of District. 



City districts : 

First grade, 
first class. 



Second grade, 
first class. 



First class. 



City school 
districts of 
first class. 



City districts 
of second class. 



Sec. 3886. Each city having a population of two hun- 
dred and fifty thousand or more by the last preceding census 
of the United States, including the territory annexed to it 
for school purposes, and excluding the territory detached 
from it for school purposes, shall constitute a city district 
of the first grade of the first class; each city having a popu- 
lation of one hundred and fifty thousand or more, and less 
than two hundred and fiftv thousand, by the last preceding 
census of the United States, including the territory annexed 
to it for school purposes, shall constitute a city district of 
the second grade of the first class; and each city having a 
population of ten thousand and less than one hundred and 
fifty thousand by the last preceding census of the United 
States, including the territory annexed to it for school pur- 
poses, and excluding territory detached from it for school 
purposes, shall constitute a city district of the first class. 
[70 v. 195, § 2; 81 v. 71 ; 84 v. 184.] 

Sec. 3886. Each city having a population of ten thou- 
sand or more, including the territory attached to it for 
school purposes, and excluding the territory within its cor- 
porate limits detached for school purposes, shall constitute 
a school district, to be styled a city district of the first class; 
and each district that has heretofore been constituted a city 
district of the first class shall remain such. [70 v. 195, § 2; 
81 v. 71; 85 v. 91.] 

Sec. 3887. Each city of the second class, having a pop-* 
ulation of less than ten thousand by the last preceding cen- 
sus, including the territory attached to it for school purposes, 
and excluding the territory within its corporate limits de- 
tached for school purposes, shall constitute a school district, 
to be styled a city district of the second class. [70 v. 195, § 
3; 88 v. 430.] 

Sec 3886 (a). It will be observed there are two sections 
with this number. The original section 3886 was amended and re- 
pealed in 1884, and the section as amended in 1884 was amended and 
repealed in 1887. The author of the amendment of 1888 seems to 
have overlooked the amendment of 1887, and to have gone back to 
the amendment of 1884, which had been repealed by the amendment 
of 1887. Under this condition of facts there was nothing left to do 
but to retain the two sections with the same number. 

(b) In the interpretation of several of the sections of this title 
it will be necessary to observe that "citv districts of the first class," 
and "cities of the first class" are not re'uted terms. A city of the first 
class has over 31,500 inhabitants. 

Sec 3887. Observe also that "city districts of the second 
class," and "cities of the second class" are not co-incident. 



SCHOOL OFFICERS' GUIDE. 



Classification and Change of Districts. Ch. 1. 

Sec. 3888. Each village, including the territory at- village at- 
tached to it for school purposes, and excluding the territory 
within its corporate limits detached for school purposes, 
shall constitute a school district, to be styled a village di-s- 
trict. [74 v. 140, § 4.] 

Sec. 3889. Municipal corporations hereafter created, changes of 

* cVijs.ficatif 

or advanced to higher grade, except villages created by ad- j» certain 
vancement or otherwise, shall, from and after their creation 
or advancement, be school districts corresponding to their 
grade as herein provided. [70 v. 195, § 5.] 



ion 
tain 

cases. 



Sec. 3890. Each organized township, exclusive of any Township 
of its territory included in a city, village, or special district, 
shall constitute a school district, to be styled a township 
district. [70 v. 195, § 7.] 

Sec. 3891. Any school district now existing, other social dia . 
than those mentioned in sections thirty-eight hundred and 
eighty-six, thirty-eight hundred and eighty-seven, thirty-eight 
hu?idred and eighty -eight, and thirty-eight hundred a?id 
ninety, which has been established by a vote of the people 
in accordance with any act of the general assembly, or 
which has been established by a general or local act of the 
general assembly, shall constitute a school district, to be 

SEC 3888. Territory attached for school purposes. — The 
phrase "territory attached for school purposes," as used in sections 
3886, 3887, and 3888, evidently applies to territory not included in 
the corporate limits of a city or village, but which, at the time of its 
organization, formed a part of the school district or sub-district to 
which the territory of such city or village belonged ; or to territory 
transferred from one district to another, for school purposes.under 
section 3893 of this chapter. 

"Territory detached for school purposes" is territory taken 
into the corporate limits of a village, but not transferred to the vil- 
lage district, by mutual consent of the boards of education concerned. 

SEC. 3889 (a). Villages created by advancement or other- 
wise, become village districts only when action is taken for that 
purpose under section 3912, et seq. 

(b) The corporate character of a school district cannot be 
questioned in a collateral proceeding. This is to be done in direct pro- 
ceeding by quo warranto. If the corporation is acting by virtue of leg- 
islative enactment, this is sufficient as against everybody, except the 
State itself, and private parties cannot question the regularity. — 
Cooley's Constitutional Limitations, 254. 

SEC. 3890. A change of township boundaries accordingly 
works a change in the township district boundaries. 

SEC. 3891. The decision of the supreme court in the case of 
the State v. Powers, 38 O. S., 54, which declared it beyond the con- 
stitutional powers of the general assembly to create a special school 



OHIO SCHOOL LAWS. 



Ch. 1. 



Classification and Change of Districts. 



styled a special district; and such districts may be estab- 
lished as provided in chapter five of this title. [70 v. 195, 
§6.1 

Sec. 3892. The several sub-districts and joint sub-dis- 
districts now existing within any township district shall 
continue, according to their respective boundaries, to b< 
sub-districts or joint sub-districts thereof, subject to the pro- 
visions of this title. [70 v. 195, § 8.] 



Boundaries of 

sub-di&iricts 
not changed. 



Transfer of 
territory from 
one district 
to another. 



Transfer of 
territory. 



Mu9t be con- 
tiguous. 



CHANGE OP DISTRICTS. 

Sec. 3893. A part or the whole of any district may be 
transferred to an adjoining district, by the mutual consent 
of the boards of education having control of such district; 
but no such transfer shall take effect until a statement, or map, 
showing the boundaries of the territory transferred, is en- 
tered upon the records of such boards, nor, except when the 
transfer is for the purpose of forming a joint sub-district, 
until a copy of such statement or map, certified by the 
clerks of the boards making the transfer, is filed with the 
auditor of the county in which the territory so transferred 
is situated; and any person living in the territory so trans- 
ferred may appeal to the county commissioners, as provided 
in section thirty-nine hundred and sixty-seven, and the com- 
missioners, at their first regular meeting thereafter, shall 
approve or vacate such transfer; provided, however, that 
when a portion of a village, township, or special school dis- 

district, has been overruled by the same court in the case of the 
State ex rel. Attorney-General v. Shearer (February, 1889). The 
latter decision revives all the special districts created by the legis- 
lature, except the New London special district. 

SEC 3892. Sub-districts are the subdivisions of a township 
district. These subdivisions are made by township boards of edu 
cation, and by commissioners appointed by the probate court. 

Concerning joint sub-districts, see chapter 5. 

SEC 3893 (a). There is no such thing as transferring territory 
for temporary purposes, with an understanding that it shall be set 
back at a definite future time. Such territory can be transferred 
again as other territory may be; thus changing again the bounda- 
ries of tlie district and the voting relations of residents. 

(6). Unless boards transfer territory, an appeal does not lie to 
the commissioners, under this section. But if a case arises such as 
is described under section 3969, the commissioners may be applied 
to for relief. 

(c). It is the evident intention of the statute that the territory 
to be transferred to an adjoining district must be contiguous to the 
district. 



- - .. 



SCHOOL OFFICERS' GUIDE. 



Classification and Change of Districts. Ch. 1. 

trict has been attached to and become a part of an adjoining 
city by annexation the portion of such village, township, or 
special school district thus annexed to such city shall be 
deemed to be thereby transferred from such village school 
district, township, or special school district into such city 
school district, and the amount of the existing school indebt- 
edness of such village school district, township school dis- 
trict, or special school district shall be ascertained and ap- 
portioned by the county commissioners in the same manner 
as provided in section sixteen hundred and fifteen; and the 
county auditor in the proper apportionment of the school 
tax for the respective school districts shall be governed by 
an accurate map of the territory so annexed as aforesaid ; 
and the boards of education of the respective school dis- 
tricts shall, immediately after the passage of the act, cause 
to be entered upon the records of their respective boards a 
complete and correct description of the territory so annexed, 
provided that this act in no way shall affect special districts 
created by a special act of the general assembly of Ohio. 
[70 v. 195, § 40; 89 v. 68; 90 v. 126.] 

Sec. 3894. The board of education of any township Township 
district may decide to submit, and, on petition of one-third become v™ ay 

ls.£rc districts 

of the electors of the district, shall submit, at the first regu- 
lar elections for township officers after such decision is made 
or petition received, the question whether such township 
district shall be governed by the provisions of this title re- 
lating to village districts; and the board shall give notice of 
the vote to be taken, by posting up written or printed 
notices, in ten or more public places in the township, at 
least twenty days prior to such election. [70 v. 195, § 15o.] 

Sec. 3895. The election shall be conducted by the how vote 

1 • i -i 11 «i i 11 1 sha.l be taken. 

township trustees, who shall provide a separate ballot-box 
and separate poll-books, and make a return of the vote to 
the township clerk, and also to the commissioner of com- 
mon schools, within five days after the election; and the 
persons voting at such elections in favor of such change 
shall have written or printed on their ballots — "School Dis- 
trict," and those opposed to such change — "No School Dis- 
trict." [70 v. 195, § 156.] 

Sec. 3896. At the annual organization of the town- How board 
ship board after any such election, if it be found that a 
majority of the votes cast were in favor of the change, the 
board shall select, by vote or lot, six persons to serve as a 
township board of education, two of whom shall serve for 



10 



OHIO SCHOOL LAWS. 



Ch. 2. 



City Districts of the First Class. 



three years, two for two years, and two for one year ; and 
such board shall thereafter be governed by the provisions of 
this title relating to boards of village districts. [70 v. 195, 
§ 167.] 



CHAPTER 2. 



CITY DISTRICTS OP THE FIRST CLASS. 



Section 

8b97. Board of education— how con- 
stituted, and how member- 
ship inc eased. 

3098. When two members for each 
ward, how elected. 

8899. When one member for each 
ward, how elected. 



Section 
3900. Where certain electors to vote, 
plats of attached territory. 
Conduct of elections. 
Bow electors on attached terri- 
tory to cast ballots. 
Meetings and certain powers of 
the board. 



3901. 
3902. 



3903. 



Board of edu- 
cation in city- 
district, first 
grade, first 
class: election 
of members ; 
their terms of 
office. 



Vacancy by 
removal. 



Sec. 3897. In city districts of the first grade of the 
first class, the board of 'education shall consist of one mem- 
ber from each ward, and each member of the board shall be 
an elector of the ward, or of the township, or part of the 
township, which, for school purposes, has been or may be 
attached to such ward, for which he is elected or appointed; 
provided, that [in] city districts of the first grade of the 
first class, beginning with the annual election for city officers 
held in April, 1887, one member shall be elected from each 
ward having an even numerical designation, or territory 
attached for school purposes to such ward having an even 
numerical designation, as above provided, who shall serve 
for the term of one year, and, at the annual election for city 
officers held in April, 1887, one member shall be elected from 
each ward having an odd numerical designation, or from 
territory attached for school purposes to such ward having 
an odd numerical desgnation as above provided, who shall 
serve for a term of two years, and annually thereafter as the 
term of members elected by said ward or ward with territory 
attached for school purposes, as above provided, shall expire, 
successors shall be elected to hold for the term of two years ; 
and if any person elected a member of said board shall, 
during his term as said member, move out of the ward for 
which he was elected, then his term shall cease and deter- 

SEC. 3897. Change of Residence. — When a member of a board 
of education or a local director ceases to be an elector in the district, 
ward or sub-district which he was elected to represent, he vacates his 
office. 



SCHOOL OFFICERS' GUIDE. 



City Districts of the First Class. Ch. 2. 

mine, and said board shall elect a person to fill the vacancy ; 
the members elected under this act shall hold office until 
their successors are elected and qualified; provided that the Appointment 
board of education established '^>y this act shall be in all of teachers, 
respects the successors of the respective board whose place 
they take; but the members of such board of educatiou shall 
not, as individuals or as local committees, exercise super- 
visory authority over the schools in the several wards or 
districts, or have the selection or nomination of teachers. 
The superintendent of the public schools of said city district 
of the first grade of the first class shall appoint all the teach- 
ers of said schools by and with the consent of the board of 
education, and the superintendent or the board of education 
may remove for cause ; and provided further, that when a n™ wards. 
new or additional ward shall be created in such city district, 
the board of education shall proceed to elect a person who 
is an elector of such additional ward, or of territory thereto 
attached for school purposes, as a memberof the board from 
such ward, to serve until the next annual election for city 
officers, at which annual election the qualified electors of each 
such new wards, and the territory annexed thereto for school 
purposes, shall elect one judicious and competent person, 
having the qualification of an elector of such ward or terri- 
tory thereto attached for school purposes, to serve as a mem- 
ber of the board of education; provided, that if such new 
wards have an even numerical designation, the member so 
elected, as provided above, shall serve until the expiration 
of the term of other members who are or have been elected 
from wards having an even, numerical designation, and if 
such new ward having an odd numerical designation, the" 
member so elected, as provided above, shall serve until the 
expiration of the term of other members of said board, 
who are or have been elected from wards having an odd 
numerical designation ; and annually thereafter, as the term 
of members so elected, as above provided, shall expire, suc- 
cessors shall be elected, who shall serve for the term of two 
years, and until the election and qualification of their suc- 
cessors. [77 v. 80; 82 v. 7; 84 v. 184.] 

Sec. 3898. In each city district of the first class, and Board of edu- 

r • catic In city 

not of the first or second grade, the board of education districts first 

class; election 

shall consist of two members from each ward, except m and term of 
city districts organized under a law providing for one mem- 
ber only for each ward, in which districts the board may, 
at an}' time, by a vote of the majority of all its members, 



12 OHIO SCHOOL LAWS. 



Ch. 2. City Districts of the First Class. 

provide that thereafter each ward shall be represented by 
two members, and thereupon proceed to choose one addi- 
tional member for each ward, to serve until the next annual 
election for city officers, and until the election and qualifi- 
cation of his successor; and each member of the board shall 
be an elector of the ward for which he is elected or ap- 
Boardofedu- pointed; and at every annual election for city officers in a 

cation in city 

district, first city which constitutes districts of the first class, wherein 

class. 

the board consists of two members for each ward, there 
shall be elected in each ward, by the qualified electors 
thereof, one judicious and competent person to serve as a 
member of the board of education of the districts for two 
years, from the third Monday of April succeeding his elec- 
tion, and until the election and qualification of his suc- 
cessor; provided, that at the annual election for city officers, 
held first after a city has been constituted a city district of 
the first class, with a board to consist of two members from 
each ward, there shall be elected in each ward of such city, 
by the qualified electors of such ward and of said district 
entitled to vote in such wards, two persons of the required 
qualifications to serve as members of the board of educa- 
tion of such districts, one for one year and the other for 
■ two years from the third Monday of April succeeding their 
election, and until the election and qualification of their 
successors; and provided, that any elector residing in such 
district, but not in any ward of such city, shall, if the terri- 
tory containing his residence has not been attached to any 
ward for school purposes, as provided in section thirty-nine 
hundred, be entitled to vote for members of the school 
' board in the ward nearest his residence ; and in such case a 
separate ballot-box and poll-book shall be provided and 
used, as required in section thirty-nine hundred and two, in 
each ward where any such elector may be entitled to vote; 
when the board of education in such city district of the 
first class consists of as many members as there are wards, 
there shall be elected at the annual election for city officers 
in the year eighteen hundred and eighty, and every two 
years thereafter, in each ward designated by an even num- 
ber, and in the year eighteen hundred and eighty-one, and 
every two years thereafter, in each ward designated by an 
odd number, by the qualified electors thereof, one member 
of the board, who shall hold his office for two years, and 
until the election and the qualification of his successor 
[70 v. 195, §11; 84 v. 184.] 



SCHOOL OFFICERS' GUIDE. 



13 



City Districts of the First Class. 



Ch. 2. 



AN ACT 

To provide for the reorganization of boards of education in city 

districts of the second grade of the first class 

Section 1. Be it enacted by the General Assembly of Board of educa- 
the State of Ohio, That boards of education in city districts land;. 
of the second grade of the first class shall consist of a 
school council and a school director. 



LEGISLATIVE. 

Section 2. The legislative power and authority shall 
be vested in the school council, which shall consist of seven 
members, to be elected by the qualified electors residing in 
such district, and which shall meet at such times as required 
by law for the meeting of the board of education in such 
districts. No resolution levying a tax shall be adopted unless 
the resolution, together with the estimates on which the 
same is based has been submitted to and approved by the 
board of tax commissioners in the city located in full or in 
part in such districts. 

Section 3. The first election for such council shall be 
held on the first Monday of April, 1892, at which election 
three members of the council shall be elected for a term of 
two years, and their successors shall be elected at the annual 
municipal election for 1894, and biennially thereafter, and 
four members of the council shall at such election in 1892 
be elected for a term of three years and their successors 
shall be elected at theannual municipal election of 1895 for a 
term of two } r ears and biennially thereafter, and all mem- 
bers of the council shall serve until their successors are 
elected and qualified. The council shall organize annually by 
choosing one of their members president, also a clerk who 
shall not be a member thereof, and who shall be clerk of the 
board of education. And he shall receive a salary to be 
fixed by the council, which shall not exceed two thousand 
dollars ($2,000.00) per year. 

Section 4. Every legislative act of the council shall be 
by resolution. Every resolution involving an expenditure ot 
money or the approval of a contract for the payment of 
money, or for the purchase, sale, lease or transfer of prop- 
erty, or levying any tax, or for the change or adoption of 
any text book, shall, before it takese ffect, be presented, duly 
certified by the clerk, to the school director for approval. 
The director, if he approves such resolution, shall sign it; 
bu if he does not approve it he shall return the same to the 



School council: 
how constituted 
and elided ; 
meetings. 



Resolution 
levying tax. 



School councils 
election and 
term. 



.President and 
c.erk. 



Salary of clerk. 



Resolutions; 
presentation 
of certain to 
director. 



Director's ap- 
proval ; return 
to council 
when vetoed. 



14 



OHIO SCHOOL LAWS. 



Ch. 2. 



City Districts of the First Class. 



Failure to re- 
turn in time 
limited ; 
resolution ap- 
propriating 
money. 



Reconsidera- 
tion by council. 



Passage over 
directors' veto. 



Yeas and nays ; 
record. 



Teachers and 
employes. 



Libraries : 
manual and 
domestic train- 
ing schools. 



School director : 
election and 
powers. 



First election ; 
term. 



Subsequent 
elections. 



Duties. 



'Salary. 



council at its next meeting, with his objections, which 
objections the council shall cause to be entered upon its 
journal, and if he does not return the same within the time 
above limited, it shall take effect in the same manner as if 
he had signed it; provided, that the director may approve 
or disapprove the whole, or any item or part of any resolu- 
tion appropriating money; and further provided, that any 
item disapproved shall have no bearing or connection with 
any other part of such resolution. When the director 
refuses to sign any such resolution or part thereof, and 
returns it to the council with his objections, the council 
shall forthwith proceed to reconsider it; and, if the same is 
approved by a vote of two-thirds of all the members elected 
to the council, it shall then take effect as if it had received 
the signature of the director; and in all such cases the votes 
shall be taken by yeas and nays and entered on records of 
the council. 

Section 5. The council shall have power to provide 
for the appointment of all necessary teachers and employes 
and prescribe their duties and fix their compensation. It 
shall also have the same powers and perform the same du- 
ties in relation to the library, board and manual and domes- 
tic training schools as are now vested in and exercised by 
the boards of education of city districts of the second grade 
of the first class. 

Executive. 

Section 6. The school director shall be elected by 
the qualified electors of the district, and, except as other- 
wise provided in this act, all the powers heretofore vested 
in and performed by the board of education in such districts, 
shall be vested in and performed by him. 

Section 7. The first election for such director shall 
be held on the first Monday of April, 1892, and the director 
so elected shall serve until his successor is elected and quali- 
fied ; and such successor shall be elected at the time of the 
annual municipal election for 1894, and biennially there- 
after. 

Section 8. The director shall devote his entire time 
to the duties of his office, and shall receive an annual salary 
of five thousand ($5,000) dollars, payable monthly out of the 
school funds of the distirct; and before entering upon the 
discharge of the duties of his office shall give bond tor the 
faithful performance thereof in the sum of twenty-five 
thousand ($25,000) dollars, with not less than two sureties 



SCHOOL OFFICERS' GUIDE. lb 

City Di-stricts of the First Class. Ch. 2. 

to be approved by the board, which bond shall be deposited 
with the clerk within ten days from date of election, and 
preserved by him. 

Section 9. In case of any vacancy in the office of vacancies. 
school director or member of the council, the council may, 
by the vote of the majority of all the members elected, fill 
such vacancy until the next annual municipal election oc- 
curring more than thirty days after such vacancy occurs, 
when the same shall be filled by election for unexpired 
term. 

Section 10. The school director shall, subject to the superintend- 

. ent of instrue 

approval of and confirmation by the council, appoint a su- tion. 

perintendent of instruction, who shall remain in office dur- Term. 

ing good behavior, and the school director may at any time, 

for sufficient cause, remove him ; but the order for such re- Removal. 

moval shall be in writing, specifying the cause therefor, 

and shadl be entered upon the records of his office; and he 

shall forthwith report the same to the council, together 

with the reasons therefor. The superintendent of instrue- Powers and 

. d-uiies. 

tion shall have the sole power to appoint and discharge all 
assistants and teachers authorized by the council to be em- 
ployed, and shall report to the school director in writing 
annually, and oltener if required, as to all matters under 
his supervision, and may be required by the council to at- 
tend any or all of its meetings; and except as otherwise Powers and 

J ° ' , duties of 

provided in this act, all employes of the board of education director 
shall be appointed or employed by the school director. He 
shall report to the council annually, or oftener if required, 
as to all matters under his supervision. He shall attend all 
meetings of the council and may take part in its delibera- 
tions, subject to its rules, but shall not have the right to 
vote. 

Accounts — Director of Accounts. 

Section 11. The city auditor of the city located in Auditor of 
whole or in part in such district, shall be the auditor of the 
board of education of such district. He shall keep an ac- Genera) duties 
curate account of all taxes levied for school purposes, and 
of all moneys due to, received and disbursed by the board; 
also of all assets and liabilities of, and all appropriations 
made by the school council, and shall receive and preserve 
all vouchers for payments and disbursements made to or by 
the board. 

Section 12. He shall issue all warrants for the pay- warrants for 
in ent of money from the school funds, but no warrant shall money 



16 



OHIO SCHOOL LAWS. 



Ch. 2 



City Districts of the First Class. 



Approval of 
claims. 



Evidence as to 
a curacy and 
legality of 

claims. 



Appropriations 
for payment of 
claims. 



Individual lia- 
bility "f 
auditor and 
sureties. 



Auditor's re- 
ports. 



Bond. 



Compensation ; 
assistants. 



Moneys due 
board. 



be issued for the payment of any claim until such claim is 
approved by the school director, except the pay-roll for as- 
sistants in school work and teachers, which shall be ap- 
proved by the president and clerk and the superintendent 
of instruction. 

Section 13. Whenever a claim shall be presented to 
the auditor, he shall have power to require evidence that 
the amount claimed is justly due and is in conformity to 
the law, and for that purpose he may summon before him 
any officer, agent or employe of the board, or any other 
person, and examine him on oath or affirmation relative 
thereto, which oath or affirmation he may administer. 

Section 14. No money shall be drawn from the treas- 
ury except in pursuance of appropriations made by the 
school council, and whenever an appropriation is made by 
the council the clerk shall forthwith give notice thereof to 
the auditor and treasurer. No appropriations shall be made 
for a longer period than for the end of the current year, and 
at the end of each year, all the unexpended balances of 
appropriations shall revert to the school fund. 

Section 15. If the auditor shall draw a warrant for 
any claim contrary to law, he and his sureties shall be indi- 
vidually liable for the amount of the same. 

Section 16. The auditor shall submit to the council, 
annually, and oftener if required by it, a report of the 
accounts of the board, verified by his oath, exhibiting the 
revenues, receipts, disbursements, assets and liabilities of the 
board, the sources from which the revenues and funds are 
derived, and in what manner the same have been disbursed. 
He shall give bond for the faithful discharge of his duties in 
the sum of twenty thousand ($20,000) dollars, with not less 
than two sureties, and which shall be approved by the 
council and filed with the clerk. The auditor shall receive 
no compensation for his services as auditor, but the council 
shall provide for the appointment of such assistants for the 
auditor as it shall deem necessary, and fix their compensa- 
tion, which shall be paid monthly out of the school funds; 
but such assistance shall be appointed by the auditor. 

Section 17. All money due to the board shall be paid 
to the treasurer upon the warrant of the auditor, which 
alone shall be sufficient to authorize such payment; no per- 
son except the treasurer shall collect or receive any moneys 
due the board, and any payments made, except to such 



SCHOOL OFFICERS' GUIDE. 17 

City Districts of the First Class. Ch. 2. 

treasurer, and any receipt given therefor by any person 
shall be void as against the board. 

Section 18. The office of auditor of the board of office of certain 
education as provided by section 8980 of the Revised Stat- abolished. 
utes is hereby abolished; to take effect upon the organiza- 
tion of the board of education, as herein provided. 

CONTRACTS. 

Section 19. All contract, agreement or obligation when contract, 

etc., binding'. 

shall be binding upon the board unless an appropriation 
therefor shall have been first made by the council. 

Section 20. All contracts involving more than two when to be in 

• writing - , etc. 

hundred and fifty ($250) dollars in amount shall be in 
writing, executed in the name of the board of education by 
the school director and approved by the council. When Limit of con- 

. . tracts and 

money therefor has been appropriated by the council, the purchases di- 
rector may 
school director may make contracts and purchases not ex- make. 

ceeding two hundred and fifty ($250) dollars in amount at 

any one time, but all such contracts shall be forthwith 

reported to the auditor. 

Section 21. When the school council determines to Proceeding-s 

when cost of 

build, enlarge, repair or furnish a school-house or school- proposed mi- 

. . provement ex- 

houses, or make any impro\ement or repair, the cost ol ceeusfiftetn 

hundred dol- 

which will exceed fifteen hundred dollars, except in cases lars; excep- 
tions, 
of urgent necessity or for the security and protection of 

school property, it shall proceed as follows : 

1. The school director shall advertise for bids for a Bids : adver- 

tisement lor. 
period of four weeks, once each week, in not exceeding two 

newspapers of. general circulation in the district; which 

advertisement shall be entered in full on the records of the 

school director ; and all advertising shall be paid for at not 

exceeding legal rates as provided in section 4366 of the 

Revised Statutes. 

2. The bids, duly sealed up, shall be filed with the Filing-. 
clerk by 12 o'clock, noon, of the last day stated in the 
advertisement. 

3. The bids shall he opened by the school director at opening-, re- d- 

ing- and recorJ- 

the next meeting of the council, be publicly read by the ing-. 
clerk, and entered in full upon the records of the council. 

4. Each bid shall contain the name of every person contents; 

security to 

interested in the same, and shall be accompanied by a suf- accompany, 
ficient guaranty of some disinterested person that if the bid 
be accepted a -contract will be entered into, and the per- 
formance of it properly secured. 
2 S. L. 



IS 



OHIO SCHOOL LAWS. 



Ch. 2. 



City Districts of the First Class. 



Separate esti- 
mates lor labor 
and materials. 



Acceptance or 
r jection. 



Acceptance of 
part and rejec- 
liorf of residue. 



Contract be- 
tween whom ; 
payment ; 
monthly esti- 
mates. 



When two or 
more bids 
equal, etc. 



In case of col- 
lusion or com- 
bination. 



5. When both labor and materials are embraced in 
the work bid for, each must be separately stated in the bid 
with the price thereof. 

6. None but the lowest responsible bid shall be ac- 
cepted, but the school director may, at his discretion, reject 
all the bids, or accept any bid for both labor and materials 
which is the lowest in the aggregate for such improvement 
or repair. 

7. Any part of a bid which is lower than the same 
part of any other bid shall be accepted, whether the residue 
of the bid is higher or not ; and if it is higher, such residue 
shall be rejected. 

8. The contract shall be between the board of educa- 
tion and the bidders, and the board shall pay the contract 
price for the work when it is completed, in cash, and make 
up monthl}' estimates as the work progresses. 

9. When two or more bids are equal in the whole or 
in any part thereof, and are lower than any others, either 
may be accepted, but in no case shall the work be divided 
between the makers thereof. 

10. When there is a reason to believe that there is any 
collusion or combination among the bidders, or any number 
of them, the bids of those concerned therein shall be re- 
jected. 



Impeachment 
of director or 
member of 
council. 



Costs. 



Offices of certain 
members of 
board abolished. 



GENERAL. 

Section 22. Any member of the school council or the 
director may be impeached for misfeasance or malfeasance 
in office, by a proceeding in the probate court in the county 
in which said school district is situated on complaint thereof 
under oath filed therein by any elector of the school district, 
signed and approved by four electors thereof ; and there- 
upon such proceedings shall be had and judgment rendered 
as provided in sections 1732 and 1736 inclusive of the Re- 
vised Statutes, for the impeachment of officers of municipal 
corporations ; and the costs and expenses of the trial shall 
be charged upon the party filing the complaint, the accused 
or the board of education or apportioned among them, as 
the judge may see fit to direct, and shall be collected as in 
other cases, provided that no costs or expenses shall be 
charged to the accused, if he is acquitted. 

Section 23. The members of the board of education 
in city districts of the second grade, first class, in office 
when this act takes effect, shall continue in office until the 



SCHOOL OFFICERS' GUIDE. 19 

City Districts of the First Class. Ch. 2. 

school council is organized as herein provided, at which 
time their powers and duties shall cease and determine, and 
their offices thenceforth shall be and are hereby abolished. 

Section 24. Section 3899 of the Revised Statutes is Repeals; incon- 

sistent laws. 

hereby repealed ; and all provisions of law in force when 
this act takes effect, which are inconsistent with any pro- 
vision of this act, shall be held to be superseded by the lat- 
ter, as to the matter of inconsistency, and not otherwise, 
as to city districts of the second grade of the first class. 

Section 25. This act shall take effect and be in force 
from and after its passage. 

Passed March 8, 1892. 

Sec. 3900. An elector residing in the city district, but where certain 

# electors to vote: 

not in anv ward of the city, shall be entitled to vote in the plats of attached 

territory. 

ward to which he is attached by the board of education for 
school purposes; but an elector residing in the city, and not 
in the city district, shall not be entitled to vote at any elec- 
tion provided for in this chapter; the board shall ascertain 
whether the city limits are co-extensive with the limits of 
the school district; and in case the school district includes 
territory without the corporate limits, the board shall make 
or cause to be made a plat of the territory so attached for 
school purposes, designating thereon by metes and bounds 
the ward or wards to which such attached territory is to be 
thereafter assigned; which plat shall be recorded as a part 
of the proceedings of the board. [70 v. 195, §§ 10, 12.] 

Sec. 3901. The election provided for in section thirty- conduct of 

• elections 

eight hundred and ninety-nine shall be conducted by the judges 
and clerks of the city elections, and they shall make returns 
of such election to the board of education within five days 
from the time of holding the same. [70 v. 195, § 13.] 

Sec. 3900. Of course an elector residing in a city of the first 
class, and not in the city district, votes for school officers with the 
voters outside of the citj-, and in the satne district with him. See 
sections 3908 and 3916. "Shall be elected by the qualified electors of 
such districts," however the districts may be situated as to the bound- 
aries of cities, etc. 

SEC. 3901. The method of contesting an election is by quo 
warranto, R. S., Section 6760. 

(a). "Shall make returns," that is, a certificate showing the vote Returns, 
for each candidate for the required office in the proper ward, [for 
township, village, or special district] at the proper date, signed by 
the judges and clerks of election before they disperse, sealed, marked 
•'Election Returns," and directed and sent in this case to the board 
of education. See notes in section 3917. 



20 



OHIO SCHOOL LAWS. 



Ch. 2. 



City Districts of the First Class. 



How electors 
on attached 
territory to 
cast ba.iots. 



POll-books. 



Conte-t by 
quo warranto. 



Sec. 3902. The judges and clerks of city elections, in 
the wards to which any territory beyond the city limits has 
been attached by the board of education for school purposes, 
shall have two separate ballot-boxes and two sets of poll- 
books; the electors residing on such attached territory may 
vote at all regular and special elections in such wa: ds for 
members of the board of education; the judges of election 
in such wards shall receive the ballots of the electors resid- 
ing on such attached territory, and deposit them in the 
ballot-box provided for that purpose; the clerks of election 
shall enter upon the separate poll-books provided for that 
purpose the names of stich electors so voting; and due 
returns of such elections for members of the board shall be 
made as provided by section thirty-nine hundred and one. 
[70 v. 195, § 12.] 

(b). Poll-books duly certified and returned are prima facia evi- 
dence of the truth of their contents, but this presumption will be 
rebutted by proof that they are fraudulent and fictitious to such an 
extent as to render them wholly unreliable. Phelps v. Schroder, 26 
O. S., 549. 

(c). Where a poll-book is thus impeached and rejected, the legal 
voters are not disfranchised, but the burden of otherwise proving 
legal votes is thrown upon the p irty claiming them. lb. 

(d). The relator having received a certificate of election as 
school director, was sworn in, and some months afterward, the'board 
having become satisfied that he had not received a majority of the 
votes and that defendant had, swore in the latter and excluded the 
relator from their meetings, and the relator thereupon filed an 
information in the nature of a quo warranto, against defendant: 
Held, as the law for the election of school directors makes no pro- 
vision for contest of election, the method adopted in this case is 
available. Therefore the fact that the relator had received a certifi- 
cate is not conclusive, for the court must go behind the certificate to 
ascertain who had the majority of votes. State ex ret., (Langdou) 
v. Goodale. 4 Bull., 1065, 8 Rec, 432. 

(e). That this remedy is exclusive, and that a mandamus to 
recan vass will not lie, see 26 O. S., 216. 

(/). In case of fraud on the part of the judges in receiving or 
in counting votes, McCray on Elections, §184, after referring to many 
cases and authorities, remarks: "The safe rule probably is that 
where an election board are found to have willfully and deliberately 
committed a fraud, even though it effect a number of votes too small 
to change the result, it is sufficient to destroy all confidence in their 
official acts, and to put the party claiming anything under the elec- 
tion conducted by them, to the proof of his votes, by evidence, other 
than the returns." See Judkins v. Hill, 50 N. H., 140; Knox Co. v. 
Davis, 63 111., 405; Russell v. State, 11 Kan., 308." 



SCHOOL OFFICERS' GUIDE. 



21 



City Districts of the Second Class, and Village Districts. 



Ch. 3. 



Skc. 8903. The board of education, except in cities Tune of regular 

1 . meetings ol 

of the first class, second grade, shall hold regular meetings boards of educa- 

° a ° Hon. 

once every two weeks. In cities of the first class, second 
grade, said board shall hold its meetings on the first and 
third Mondav of each month following the third Monday special meet- 

° nigs, etc. 

of April, and in all city districts of the first class, said board 
may hold such special meetings as it may deem necessary; 
it may fill all vacancies that occur in the board until the 
next annual election, and may make such rules and regu- 
lations for its own government as it may deem necessary; 
but such rules and regulations must be consistent with 
the constitution and laws of the state. [79 v. 59.] 



CHAPTER 3. 



CITY DISTRICTS OF THE SECOND CLASS, AND VILLAGE 
DISTRICTS. 



Section 
3U04. Membership of biard of edu- 

tiou. 
39'5. Election of memt.ers in city 

districts. 

3906. Conduct of the election 

3907. Election when as many mem- 

bers as wards. 

3908. Election in village districts. 



-ection 
3 09. Notice of elections. 

3910. Returns to be made to board. 

3911. How membership increased. 

3912. How village may become vil- 

lage district. 
S913. How village district organ* 

ized. 
3914. Organization of board. 



Section 3904. In city distric's of the second c^ss, Membership of 
and in village districts, the board of education shall t.on^ ° f euUCa " 
consist of six members, except in districts organized under 
a law providing for only three members, who shall have 
the qualifications of an elector therein, and in such districts 
the membership may be increased to six, in the manner 
hereinafter provided; but the board of a city district of 
the second class, may provide, by a vote of the majority of its 
members, that the board shall consist of as many members 
as the city has wards. [70 v. 195, §§ 16, 1 1 .] 

Sec. 3905. In city districts ol the second class, except Kiection of 
such as are mentioned in section thirty-nine hundred and districts! in " ty 
seven, members of the board of education shall be elected 
annually, to serve for the term of three years from the third 
Monday of April succeeding their election, and until the 
election and qualification of their successors ; if the board 
consists of six members, two judicious and competent per- 
sons shall be elected each yeax; and if the board consists 



22 OHIO SCHOOL LAWS. 



Ch. 3. City Districts of the Second Class, and Village Districts. 

of three members, one such person shall be elected each 
year. [ 75 v. 53, § 18.] 
conduct of dec- Sec. 3906. If the boundaries of the district and [the] 

tion of members 

of board of edu- city are identical, or, if territory has been detached from the 

cation in citv _ ; 

districts, second city and attached to another district, the election shall be 

class. 

conducted exclusively by the judges and clerks of the city 
election, but electors residing within the bounds of such de- 
tached territory shall not vote thereat ; but if territory out- 
side the city limits is attached to the district, an election 
shall also be held for the same purpose in the township from 
which it was detached, and conducted by the judges and 
clerks of the township election, but only electors residing 
within the bounds of such territor}^ shall vote thereat ; the 
election shall be heH at the same time and places as the 
election for city or township officers shall be held ; the names 
of candidates for such member shall be upon separate tickets, 
and all such tickets voted shall be deposited in separate 
ballot boxes, which shall be provided by the board of educa- 
tion ; separate poll-books of the election shall be kept, and 
returns of the election shall be made to the clerk of the city 
which constitutes the district. [75 v. 53, § 18; 82 v, 6 ; 83 
v. 82.] 
Election after Sec 3907. In a city district of the second class in which 

increased. the board consists of as many members as the city has wards, 

there shall be elected biennially in each ward, at the time 
and in the manner provided in the preceding chapter for 
election in city districts of the first class, one competent and 
judicious person to serve as a member of the board for two 
years from the third Monday of April succeeding his election, 
and until the election and qualification of his successor ; but 
at the first election after it is decided that the board shall be 
so constituted, the persons elected in wards designated by 
odd numbers shall serve for only one year from the third 
Monday of April succeeding their election, and until the 
election and qualification of their successors ; and the board 
shall ascertain the limits of the district, assign attached 
territory to wards, and make and record a plat thereof, as 
provided in section thirty-nine hundred. [75 v. 53, §18; 7-0 
v. 195, § 101.] 
Election in vii- Sec. 3908. In village districts members of the board 

of education shall be elected on the first Monday of April 
anually, to serve for the term of three years from the third 
Monday of April succeeding their election and until the 
election and qualification of their successors; the qualified 



lage districts. 



SCHOOL OFFICERS' GUIDE. 23 

City Districts of the Second Class, and Village Districts. Ch. 3. 

electors of the district, including those residing within the 
bounds of territory attached to the district, but beyond the 
village limits, shall meet between the hours of six o'clock 
A. m. and six o'clock p. m. of said day, at the usual places 
of holding school elections, organize by the appointment 
of a chairman and secretary, and proceed to vote by ballot 
for persons to serve as members of the board; and if the 
board consists of six members, two judicious and competent 
persons shall be elected each year, and if it consists of three 
persons, one such person shall be elected each year ; pro- 
vided, that when the village of which the village district, 
in wbole or in part, composed, is divided into wards or vot- 
ing precincts, the election for members of the board of edu- 
cation shall be held in each of such wards or precincts, but 
all the members shall be elected at large by the electors 
of the district, and voters residing in such wards or pre- 
cincts who are also residents of the school district, shall 
vote for member of the board of education in the ward or 
precinct in which they reside. Voters residing in the vil- 
lage, but not in the village district, shall not be entitled to 
vote at any election held under the provisions of this sec- 
tion, and voters who reside in the village district, but not 
in the village, shall vote for members of the board of edu- 
cation at such place or places within the district as the 
board of education shall, by resolution, designate; and the 
board of education may, if it sees fit, apportion adjacent 
territory among the several wards or precincts of the vil- 
lage for voting purposes. The election for members of the 
board of education in such wards or precincts shall be held 

SEC 3908 (a ). The evident intent of the law requires that when opening and 
the polls are once opened, they should be kept open until the hour closin &P olls 
prescribed for finally closing: but the statute on the conduct of 
elections, section 2929, is said to be directory, and, if so, " a departure 
from its strict observance will not necessarily invalidate an election, 
where no fraud has been practiced and no substantial right violated." 
Fry v. Booth, 19 O. S., 25. 

(b). It is presumed that the same principle holds in the school 
law. But the burden of proof will be on the party denying the vio- 
lation of personal rights in the case. 

The polls should be opened and closed at the precise time desig- 
nated by the statute, ixf the statute fixes the time, or by the notice, 
if so fixed. 

(c). For method of contesting elections, se^ note to section 
3901. 

If one candidate is ineligible, and the other is not elected, the 
election is void. See note d, Sec. 3917. 



•24 



OHIO SCHOOL LAWS. 



Ch. 3. 



City Districts' of the Second Class, fnd Village Districts. 



by the same judges and clerks provided for the municipal 
election, but separate ballot-boxes, poll-books and tally- 
sheets shall be used therefor, and returns of such election, 
duly certified as in other cases, shall be made within five 
days to the clerk of the board of education. [75 v. 53 § 18; 
83 v. 494.] 
eiec- Sec. 3909. The clerk of the board of education of 

each city district of the second class, and of each village 
district, shall publish a notice of the election and meeting 
provided for in the preceding sections, in a newspaper 
of general circulation in the district, or post written notices 
of such meeting in five of the most public places in the 
district, at least ten days before the holding of the same, 
which notice shall specify the time and place of the election 



Notice of 
tioiis. 



Length 
tice. 



of no 



Omission of no- 
tice of vacancy. 



Notice of 
and place. 



SEC. 3909 (a). In the law pertaining to such notices, a day is 
held to be indivisible. Hence, a notice issued on any day, allows the 
whole of that day to be included in the ten, or other number of 
days' notice, provided for by a statute. Since the ten days must all 
expire before the meeting'begins, it must also expire before the day 
begins on which the meeting is held, the day itself being but a point 
of time. The acts of a meeting held on any other day than that ex- 
pressed in the notice, are invalid. 16 O., 408. 4 Western Law 
Monthly, 215. 

(b). A notice for a school election must state the purpose for 
which it is to be held, and no other business can be legally trans- 
acted thereat, 14 Vermont, 300. The transaction of such business, 
however, would not invalidate acts done in accordance with the no- 
tice. Furthermore, "the omission of the sheriff [clerk] to mention 
in his notice one of the vacancies to be filled is not conclusive evi- 
dence of the invalidity of the election. Taken in connection with 
other circumstances, it is competent evidence of fraud or conspiracy. 
State v. Taylor, 15 O. S., 137. S^ate v. Stewart, 26 O. S., 216. But 
if the sheriff [clerk] fails to give such notice for one of the vacan- 
cies to be filled, and in consequence of such neglect, only a small 
minority of the electors present vote for a person to fill such va- 
cancy, such election is irregular and invalid. Foster v. Scarff, 15 O. 
S., 532." 

(r). On this subject, McCrary on Elections, § 135,'says : "It 
must be conceded that time and place are of the substance of every 
election, while many provisions which appertain to the manner 
of conducting an election may be directory only. [Dickey v. Hul- 
burt, 5 Cal., 343.] But it does not follow that due notice of time and 
place of holding an election is always essential to its validity. 
Whether it is so or not depends upon the question whether the want 
of due notice has resulted in depriving any portion of the electors 
of their rights." 13 N. Y., 350 ; 12 Mich., 508 ; see also Foster v. 
Scarf, 15 O. S., 532. 

(d). It is more essential that proper legal notice be given for 
an election to fill a vacancy, or to authorize a tax, than of a regular, 
stated election, provided for y law. 



SCHOOL OFFICERS' GUIDE. 25 

City Districts of the Second Class, and Village Districts. Ch. 2. 

or meeting and the number of members to be elected. [75 
v. .33, § 19.] 

Sec. 3910. The secretary of the meeting or clerks Returns to be 

c 1 • -ii i- • • i i r ■ ' i ■ 1 made to board. 

ot elections in village districts provided for in this chapter 
shall keep a poll-book and tally-sheet, and return the same 
within five days after the election to the clerk of the board 
of education of the district, duly certified. [75 v. 53, § 20.] 

Sec. 3911. When the electors of a city district of the how member- 

. ,..',: _ ship increased. 

second class, or of a village district, the board of education 
of which consists of three members, desire that the board 
shall consist of six members, they may make such change 
in the manner following : Written or printed notices shall 
be posted in at least five of the most public places in the 
district, at least ten days prior to the day designated there- 
in, signed by a majority of the members of the board of ed- 
ucation, or by one member of the board and at least ten resi- 
dent electors of the district, requesting the qualified elec- 
tors of the district to assemble on a day, and at an hour 
and a place, to be designated therein, then and there to 
vote for or against such change; the electors, when assem- 
bled in accordance with the notice, shall appoint a chairman 
and two clerks, who shall be judges of the election; the 
electors in favor of the proposed change shall have written 
or printed upon their ballots the words, "Board — change," 
and those opposed thereto the words, "Board — no change," 
and the ballots cast shall determine the question whether 
the change shall be made ; the judges shall make due re- 
turn of the election to £he board of education of the dis- 
trict, within ten days after the ho'.ding ot the same; and 
if a majority of the votes cast be found to be in favor 
of the change, three additional members of the board shall 
be chosen at the next annual election for school officers, 
one to serve for one year, one for two years, and one for three 
years, and annually thereafter two members of the board 
shall be chosen to serve for three years, as provided in sec- 
tion Ihirty-nine hundred and five. [70 v. 195, § 21.] 

Sec. 3912. When the electors of a village desire to how village 

.... . may become vil- 

erect it into a village district, they may proceed in the iol- lag-e district, 
lowing manner: Written or printed notices, signed by not 
less than five electors, resident of the village, shall be 

Sec. 3912 Under the act of Mnrch 14, 1853, (51 v. 429), when 
an incorporated village was formed within or to include a ma- 
terial portion of a sub-district, no portion thereof is, by reason of 
such incorporation, withdrawn from the school jurisdiction of the 



26 OHIO SCHOOL LAWS. 



Ch. 3. City Districts of the Second Class, and Village Districts. 

posted, at least ten days prior to the day designated therein, 
in at least five of the most public places within the village, 
requesting the electors thereof to meet for the purpose 
of voting on the question of establishing a village district, 
on a day, and at an hour and a place, to be designated in 
the notices; the meeting shall be held within the limits 
of the village, between the hours of six o'clock A. m. and 
six o'clock p. m., and the polls shall be kept open at least 
six hours; the electors, when assembled in accordance with 
this notice, shall appoint a chairman and two clerks, who 
shall be judges of the election; the electors in favor of the 
proposed village district shall have written or printed on 
their ballots the words, "Village district, yes," and those 
opposed thereto the words, "Village district, no;" and the 
votes cast shall determine the question whether such village 
district shall be established; it a majority of the votes cast 
at such election be opposed to the establishment of such 
village district, the question of establishing the same shall 
not again be submitted to the electors of the village until 
the succeeding regular annual election for village officers, 
and then only upon notice being given as above provided ; 
and if a majority of the votes cast at such election be in fa- 
vor of the establishment of such district, the village may 
be organized as a village district in- the manner provided 
in the next two sections. [74 v. 140, § 4.] 
How village dis- Sec. 8913. Written or printed notices, sisrned by not 

tnct organized. A ° J 

less than five electors residing within the limits of the vil- 
lage, shall be posted in at least five of the most conspicuous 
places therein, requesting the electors of the village to meet 
for the purpose of electing a board of education for such 
proposed village district, on a day, and at an hour and a place, 
designated in the notices, which notices shall be posted at 
least ten days prior to the day designated in them for such 

township, but the whole continues to be a sub-district until the actual 
election or appointment of a separate school board, and the portion of 
a sub-district not included within the limits of such incorporated 
village, is " territory annexed for school purposes" within the mean- 
ing of the act. [Cist v. State, 21 O. S., 339.] 

Time of notice. SEC 3913 (a). Notice given on the first day .of the month for 

such election on the tenth is not sufficient. See note to section 3909. 
( b ) . If the time of the giving of the notice is not stated, it 
may be proved. 

Change of place. ( c )- If an emergency should occur, making it necessary to 

change the place of holding the election after the regular notice has 
been given, and if such notice is given as would leave no excuse for 



SCHOOL OFFICERS' GUIDE. 27 



City Districts of the Second Class, and Village Districts. Ch. 3. 

meeting; the electors, when assembled in accordance with 
the notice shall appoint a chairman and two clerks, who shall 
be jndges of the election, and shall then choose by ballot 
six competent and judicious persons to serve as members of 
theboard of education of the proposed district — two to serve 
for one year, two to serve for two years, and two to serve 
for three years, from the third Monday of April next pre- 
ceding the organization of the district, and until the election 
and qualification of their successors; but if the election be 
held on the day for the annual election of school officers, 
there shall be elected two persons to serve for one year, two 
for two years, and two for three years, from the third Mon- 
day of April succeeding their election and nntil the elec- 
tion and qualification of their successors. [71 v. 55, § 5.] 

Sec. 3914. If such election be held on the first Mon- organization of 

board. 

day of April, the board elected thereat shall organize at the 

not voting on account of the change, the election would not be inval- 
idated by such change. 78 Illinois, 171. 

(d). When candidates for different terms are running for the Designation of 
office of director, the term each is to serve should be designated on 
the ballots, and such designation can not be disregarded by the 
judges of election. 20 O. S., 336. 

[This decision means this : the judges can count no votes on which 
such designation does not appear. When the election is that of 
members for two or more different terms, the officers are two or 
more distinct offices.] 

(e). Receiving illegal or improper votes will not alone vitiate illegal votes. 
an election. It must be shown affirmatively, in order to overturn the 
declared result, that the wrongful action changed it. Dillon on Mu- 
nicipal Corporations, 261. 

(f). Statutory provisions regarding an election are often ^e- statutes often 
garded by the courts as directory, and if the courts can determine dire ctory. 
what the popular will was in the case, they are likely to sustain it. 
This is more especially true regarding the election of officers. The 
construction is more rigid regarding votes to supply money — to im- 
pose taxes. See notes to sections 3909, 3916, 3981, etc. 

(g). As to fraudulently receiving votes by judges and fraudu- 
lent counts by them, see notes to section 3901. 

Sec 3914 (a). A village or a city of the second class may sur- Surrender of 
render its charter without its school organzation being affected 
thereby. Revised Statutes, sections 1640 and 1643. 

(d). The property, real and personal, within the village dis- Ownership of 
trict so established, now belongs to said district, including a pro P ro P ert y- 
rata share of all moneys now in the treasury of the township dis- 
trict, and of the levy or levies already made. 

{c). All proceedings connected with the organization of the 
district should be recorded by the secretary in the records of the 
district, so that the facts concerning its formation and organization 



28 



OHIO SCHOOL LAWS. 



Ch. 4 



Township and Special Districts. 



time and in the manner provided in section thirty-nine hun- 
dred and eighty; but if the election be held at any other 
time, the board shall organize on the next Monday there- 
after, and in the same manner. [71 v. 55, § 6.] 



CHAPTER 4. 



TOWNSHIP AND SPECIAL DISTRICTS. 



Section 
8915. Township board of education — 
how constitued and organ- 
ized. 

3916. Election and qualification of di- 

rectors. , 

3917. Notice and conduct of election. 

3920. Regular and special meetings of 

board. 

3921. Map of township district: 

change of sub-districts. 

3922. Elections in new sub-districts. 



Section 

3923. Board of special district — 

how constituted., and how 
increased. 

3924. Election of members. 

3925. Notice and conduct ol elec- 

tion. 

3926. How special districts aband- 

oned. 

3927. When abandoned , director to 

be elected : disposition of 
property, etc. 



Township Districts. 



Township board 
of education — 
how constituted 
and organized. 



Election and 
qualification of 
directors. 



Tie vote. 



Legal time of 
election. 



Must be elected 
and qualified. 



Sec. 3915. The board of education of each township 
district divided into sub-districts shall consist of the town- 
ship clerk, and one director elected for a term of three 
years from each sub-district. The clerk of the township 
shall be ex-officio the clerk of the board but shall have no 
vote except in cases of a tie. [70 v. 195, §§ 26, 29: 70 v. 
241, §44: 89 v. 93.] 

Sec. 3916. There shall be elected by ballot on the 
second Monday of April, 1893, in each sub-district, by the 
qualified electors thereof, one competent person, having the 
qualifications of an elector therein, to be styled director. 
Those elected shall be divided upon the third Monday of 
April thereafter by lot, into thr e classes as nearly equal as 

may be read ly obtained in case the validity of the proceedings 
should ever be questioned. 

SEC 3915. The township clerk has a legal right to vote on all 
questions in boards composed of an even number, with each member 
present and a tie vote existing. 

SEC 3916 (a). When the legislature has fixed by law the time 
for holding an election of officers, an election at anv other time, 
unless provided for by law, is unauthorized and void. State v. L om- 
baugh, 20 O. S., 167. 

(b). No person can exercise the functions or perform the offi- 
cial duties of an elective officer until he has been both elected and 
qualified. 



SCHOOL, OFFICERS' GUIDE. 



3G 



Township and Special Districts. 



Ch. 4. 



possible; the directors of the first class shall serve for the 

term of one year, the directors ot the second class for two 

years, and the directors of the third class for three \ ears. 

All elections of directors thereafter shall be held on the 

second Monday of April, and all directors shall serve until 

their successors are elected and qualified. The office of 

local director in each sub-district shall terminate after the 

first election and qualification of directors under this act. 

[75v.81§27; 89 v. 93.] 

Sec. 3917. The director of each sub-district, where an Notice and con- 
ductor election. 
election may occur, shall post written or printed notices m 

three or more conspicuous places in his sub-district, at 
least six days prior to the day of election, designating" the 
day and hour of opening, and the hour of closing the elec- 
tion ; the election shall be held at the usual place of holding 
school meetings in the sub-district; the meeting shall be 
organized by appointing a chairman and a secretary, who 
shall act as judges of the election under oath or affirmation, 
which oath or affirmation may be administered by the di- 
rector of the sub-district, or any other person competent to 
administer such an oath or affirmation, and the secretary 
shall keep a poll-book and tally-sheet, which shall be signed 
by the judges, and delivered within five days to the clerk of 
the township. [77 v. 63; 89 v. 93.] 

Sec 3917 {a). The officers of an election board cannot, after 
dissolving the board and dispersing, return and perform any official 
act regarding such election. When they have dispersed, they cease 
to be officers of the election — &refmicti officio. 21 O. S., 216; 14 O. 

a, 315. 

(b). When judges and clerks of election fail to sign poll-books Failure to sign 
and tally sheets, to fill up blanks in the caption, or to carry out the taiiv^sheet 811 * 1 
aggregate votes, such omissions and mistakes may be corrected upon 
the trial of a contest, by parol evidence, and when so corrected, 
the documents, sustained by parol the proof, are competentevidence 
of the result of the election. 16 O. S., 184. 

(c). When poll-books are substantially in compliance with law, 
the clerk, and the justices called to his aid, are not authorized to 
reject the same on account of alleged fraud. Phelps vs. Schroder, 
26 O. S., 549. 

( d ). In case a candidate receiving the highest number of votes 
at an election is ineligible, the next highest candidate is not elected. 
(See 13 Cal., 145; 38 Maine, 597; 1 Chandler, Wis., 117.) Another 
election shall be provided for, or an appointment be made according 
to law. 

(e). A person voted for under the name of E. H. Smith, whose 
same is H. E. Smith, there being no such man as E. H. Smith, 
should have the votes counted, if the judges are satisfied that the 



Ineligible can- 
didate. 



Wrong initials 
to name. 



80 OHIO SCHOOL LAWS. 



Ch. 4. Township and Special Disiricts. 

Regular and Sec. 3920. The board of education shall hold regular 

special meet- ' 

ings of board. sessions on the third Monday of April, June, August, Octo- 
ber, December and February, at the usual places of holding 
township elections, or at such place in the immediate vi- 
cinity thereof as may be convenient, for the transaction of 
business, and may adjourn from time to time, or hold special 
meetings at any other time or place within the township, as 
it deems desirable, for the transaction of business; which 
special meeting may be called by the township clerk, by the 
president of the board, or by two or more members of the 
board, but each member of the board must be duly notified 
thereof personally, or by written notice left at his residence 
or usual place of business. [70 v. 19-5, § 31; 86 v. 346; 89 v. 
. 93] 
kap of township Sec. 3921. A map of each township district shall be 

of sub-districts, prepared by the board, as often as it may deem necessary, 
in which shall be designated the numbers and boundaries 
of the sub-districts thereof; the board may at any regular 
session, increase or diminish the number, or change 
the boundaries of sub-districts, but no sub-district shall 
contain less then sixty resident scholars by enumera- 
tion, except in cases where, in the opinion of the board, 
it is necessary to reduce the number; and any sub- 
district which may be established by act of the general 
assembly shall be governed by the provisions of this title, 
except that it cannot be changed or consolidated by the 

person H. B. Smith was intended. See case of Gates vs. Beckwith, 
II. W. L. M., 589. 

See, also, State ex rel. Jas. E. Campbell vs. Charles Foster, Gov- 
ernor, and Charles Townsend, Secretary of State, Ohio Law Jour- 
nal, Feb. 10, 1883, in which the court held : 

" Where 'the Governor and Secretary of State, under section 
2886 of the Revised Statutes, in canvassing the returns of votes from 
a congressional district aggregate the votes returned from one 
county for H. L. Morey, with the votes returned from other counties 
for Henry L. Morey, treating the names as designating the same 
person, a mandamus will not be awarded requiring the votes thus 
aggregated to be counted as given for different persons, in the absence 
of an averment that the votes were intended for different persons." 

Sec 3920. The adjourned meetings of a regular session are 
regular meetings. 
Sub-districts ex- Sec 3921. The term "sub-district," as used in section 1 of this 

ihipdistrictr 11 " supplementary act of April 9, 1867 (64 v. 117 ), does not include the 
subordinate territorial divisions of separate school districts into 
which a city or village may be subdivided, but applies exclusively to 
township or county sub-districts. [Anders v. Spargur, 19 O. S. 577.] 



SCHOOL OFFICERS' GUIDE. 



31 



Township and Special Districts. 



Ch. 4. 



board within three years after its formation, unless the 
written consent of two-thirds of the electors residing in the 
territory affected by such change is obtained. [75 v. 120, § 
32; 89 v. 93.] 

Sec. 3922. When the board consolidates two or more 
sub-districts into a new sub-district, or establishes a new 
sub-district in any other way, it shall call a special meeting 
of the qualified electors resident in the new sub-district, for 
the purpose of electing one director for the same; at least 
five days before the time fixed for the meeting the board 
shall post, in three of the most public places in the new sub- 
district, written or printed notices, stating time, place, and 
object of holding the meeting; the election shall be con- 
ducted as provided in this chapter, and a director shall be 
elected to serve the term, which will render the classes of 
directors most equal, from the annual meeting on the third 
Monday of April next preceding the organization of the new 
sub-district ; and the terms of office of the directors of sub- 
districts so consolidated shall expire at the time such new 
sub-district is created. [75 v. 120, § 32 ; 89 v. 93.] 



Election in new 
su'b-dislricts. 



Board of special 
district — how 
constituted and 
how increased. 



SPECIAL DISTRICTS. 

Sec. 3923. The board of education of each special dis- 
trict shall consist of three members, who shall be residents 
of the district, and have the qualifications of an elector 
therein ; and when the electors of any special district, the 
board of education of which consists of three members, 
desire that the board shall consist of six members, they 
may make such change in the same manner as provided for 
city districts of the second class and village districts, in sec- 
tion thirty-nine htindred and eleven. [70 v. 195, § 22.] 

SEC. 3924. There shall be elected annually, by ballot, Election of 
on the second Monday of April, in each special district, by 
the qualified electors thereof, at the usual time and place of 
holding school elections in such district, one judicious and 
competent person to serve as member of the board for 

SEC 3922. The attaching of a territory composing a sub-dis- Effect of attach- 
trict to adjacent sub-districts by a township board of education, in ° terrxtor y- 
under section 32 of the act of May 1, 1873 (70 v. 203), is not a consoli- 
dation of two or more sub-districts into a new sub-district, within 
the meaning of said section, but is a change or alteration of the 
boundaries of the sub-districts. [State v. Gibbs, 25 O. S., 256.] 

Sec 3924. If not held on the day fixed by law, see note on 
sec. 3916. 



32 OHIO SCHOOL LAWS. 



Ch. 4. Township and Special Districts. 

three 3'ears from the first Monday succeeding his election, 
and until the election and qualification of his successor; but 
in special districts hereafter established, the first election for 
members of the board shall be held within twenty days after 
such establishment, at least five days, previous notice of 
which, stating the time and place of meeting, and signed by 
at least three electors of the district, shall be posted in three 
of the most conspicuous places in the district; at such 
meeting a chairman and clerk shall be chosen, and there 
shall be elected three members of the board, one to serve 
until the third Monday of April next succeeding his election, 
and one to serve for one year, and one for two years from 
said third Monday, and each to serve until the election and 
qualification of his successor. [71 v. 57, § 23: 75 v. 120, § 
19.] 
Notice and oon- Sec. 3925. The clerk of the district shall post written 

duct of election. ■ , i ,• • ,1 • 1 

or printed notices, in three or more conspicuous places in 
the district, at least six days prior to the day of election, 
designating the day and the hour of opening and closing the 
election ; and the election shall proceed, and a return thereof 
be made, in the manner provided for elections in village 
districts, and shall continue at least two hours. [71 v. 57, 
§24] 
how special and Src. 8926. When the electors of a special or village 

may be aban- district desire to abandon their organization, and become a 
part of the township district of the township in which such 
special or village district is located, they may make the 
change in the following manner: Written or printed 
notices shall be posted in at least five of the most public 
places in the district, signed by a majority of the members 
of the board of education, or one of the board and at least 
six resident electors of the district, requesting the qualified 
electors thereof to assemble on a day and at an hour and a 
place designated in the notices, which notices shall be posted 
at least ten days prior to the day designated in them, then 
and there to vote for or against such change ; the electors, 
when assembled at the time and place designated in the 
notices, shall appoint a chairman and two clerks, who shall 
be judges of the election, which shall continue at least two 

Sec. 3925. Notice on the first for an election on the sixth, is 
not sufficient. See note on sec. 3909. 

SEC. 3926. The general rule in computation of time within 
which an act is to be done is to exclude the first day and include 
the jast. [Am. Law Register, N. S. X 36: 16 O. S., 208, 209.] 



doned. 



SCHOOL OFFICERS' GUIDE. 33 

Township and Special Districts. Ch. 4. 

hours; those in favor of the change shall have written or 
printed on their ballots the words "School — change;" and 
those opposed thereto the. words "School — no change;" and 
a majority of the ballots cast shall determine the question 
whether the change shall be made; the judges shall, within 
five days after the election, make due return thereof to the 
board of education of the district; and if a majority of the 
votes cast are in favor ot the change, the board shall im- 
mediately certify that fact to the township board, which 
shall thereupon assume jurisdiction of the territory, property 
and affairs of the special or village district, and thereafter 
treat such district as a subdistrict of the township district. 
[72 v. 27, §25; 88 v. 297.] 

Sec. 3927. When a special district is abandoned there when aban- 

* doned director 

shall be an election of a director as provided in this chapter to be elected; 

ar\ Art 1 disposition oi 

and for the term directed in section 3922. The clerk of the property, etc. 
special or village district board shall deliver to the clerk of 
the township board all the books and papers of the special 
district in his custody, and notify the county auditor, in writ- 
ing, of the abandonment of the organization of the district; 
the treasurer of the special or village district board shall 
deliver to the treasurer of the township board all the books, 
papers and money of the special or village district in his 
possession ; the township board shall complete all unfinished 
business pertaining to the special or village district; any 
debt contracted by the special or village district board, shall 
be paid out of the money transferred to the treasurer of the 
township board, as herein provided, and out of the money 
arising from the taxes levied by the special or village dis- 
trict board; and if such funds are insufficient therefor, the' 
remainder shall be paid by a special tax upon the property 
of the subdistrict so created. [72 v. 27, § 26; 88 v. 297; 89 
v. 93]. 



S. L. 



34 



OHIO SCHOOL LAWS. 



Ch. 5. 



Joint Sub-districts. 



CHAPTER 5. 



JOINT SUB-DISTRICTS. 



Section 
3928. Township boards may estab- 
,., ■?" lish by mutual agreement. 

How the school governed and 
supported. 

Further provisions for estab- 
lishment. 

Maybe established on petition. 

What petition to contain. 

Clerks to give notice of filing, 
etc. 

When petition may be filed 
with probate judge. 

Security for costs to be given. 

Time and p'.ace of meeting of 
commissioners. 

Publication of notice. 

Commissioners to be appoint- 
ed. 

Oath and duties of commis- 
sioners. 



3929. 

3930. 

3931. 
3932. 
3933. 

3934. 

3935. 
3936. 

3937. 
3938. 

3939. 



Section. 

3940. Clerks to have present plats 

and papers. 

3941. The report of the commis- 

sioners. 
394I«. Board to estimate, levy and 
build school house. 

3942. The effect of the report. 

3943. Judgment for costs ; what fees 

allowed. 

3944. Report and judgment for sub- 

district. 

3945. How costs paid in such cases. 

3946. Petition for other purposes. 

3947. Proceedings thereon. 

3948. When such petition may be 

filed with probate judge. 

3949. Election, duties, etc., of direct- 

ors. 
39-30. Power to change joint sub- 
Aistricts limited. 



Township 
boards may es- 
tablish by mu 
tual agreement. 



Teacher, where 
examined. 



Section 3928. When the better accommodation of 
scholars makes it desirable to form a sub-district, composed 
of parts of two or more townships, the boards of education 
of the townships interested may, by mutual agreement, at 
a joint meeting held for the purpose, establish the same, and 
fix the boundaries thereof; if there is no suitable school- 
house within such boundaries, or if there is one, but it is 
not suitably located, the board shall designate a site whereon 
to erect such building; but if there is a suitable school- 
house within such boundaries, properl}- located, the school 
shall be held therein; a chairman and secretary shall be 
chosen at such meeting, and the secretary shall make a 
memorandum of the proceedings had thereat; a copy of 
such memorandum, signed by the chairman and secretary, 
shall be transmitted to the clerk of each of the boards, who 
shall record the same in his record of proceedings of the 
board; and the secretary shall transmit a like copy of the 
proceedings to the auditor of each county having territory 
embraced in the sub-district. [70 v. 195, § 34.] 

Sec. 3928 (a). Joint sub-districts can be established only 
by a transfer of territory. The teacher thereof must hold a certifi- 
cate from the board of examiners of the county in which the school- 
house is situated. 

(b). These proceedings should be carefully recorded. See note 
(c) to section 3914. 



vSCHOOL OFFICERS' GUIDE. 35 

Joint Sub-districts. Ch. ~>. 

Sec. 3929. The school in a joint sub-district shall be "ow the school 
under the control of the board of education in the township supported. 
in which the school-house is situate, of which board the 
director of the joint sub-district shall be a member; but such 
school shalrbe supported from the school funds of the town- 
ships having territory: in the joint sub-district, in proportion 
to the enumeration of youth, as provided in sections thirty- 
nine hundred and sixty-one and thirty-nine hundred and 
sixty-two. [75 v. 84, § 35; 89 v. 93.] 

Sec. 3930. Joint sub-districts may be established also Further provi*- 

. . ions lor e.itib- 

in the manner provided in succeeding sections of this chap- iishment. 
ter. 

Sec. 3931. Three or more qualified electors, resident May be estab- 

li-hel ou peti- 

of the territory sought to be included therein, may apply, in tiou. 
writing to the board of education of any township wherein 
any part of the territory is situate, for the creation thereof. 
[75 v. 120, § 1.] 

Sec. 3932. The petition shall describe the territory what petition to 

contain. 

sought to be included in the joint sub-district, may set forth 
the reasons requiring the creation thereof, and shall be filed 
with the clerk of the board of education to which it is 
addressed. [75 v. 120, § 2.] 

Sec. 3933. Upon the filing of such petition, such clerk cierks to give 

x . notice of Uiing, 

shall forthwith give notice thereof, in writing, to the mem- etc. 
bers of the board of which he is a clerk, which notice shall 
name a suitable and convenient place, and a day and hour, 
for the boards to meet; he shall also transmit a like notice, 
forthwith, to the clerks of all other boards of education hav- 
ing jurisdiction over any of the territory sought to be 
affected; and such clerks, upon the receipt of such notice, 
shall in like manner give nocice forthwith qf the filing of 
such petition, and of the time and place of meeting, to each 
member of their respective boards. [75 v. 120, § 3.] 

Sec. 3934. It shall be the duty of such boards to meet when petition 

, .,, .. .,.,. , r . . for joint sub- 

and consider the petition within thirty days from the time district may be 

1 • r~i f -i -ft i i • i • i filed with pro- 

the same is filed, but if they do not do so within sixty days bate judge, 
from such time, or having met, established, or determined 
not to establish a joint sub-district, three or more electors of 
the territory sought to be included therein may file a 
petition or remonstrance, for or against the same, with the 

Sec. 3929 {a). "Shall be a member," let him live in which town- 
ship he may. 

(b). No money will be contributed from a township which has 
no youth enumerated within the joint sub-district. 



36 OHIO SCHOOL LAWS. 



Ch. 5. Joint Sub-districts. 



probate judge of the county; and if the territory sought to- 
be included therein is situated in two or more counties, the 
petition maybe 'filed with the probate judge of either county. 
[75 v. 120, § 4; 78 v. -8.] 

security for Sec. 3935. The petitioners shall also file with the pro- 

costs to be - 1 ■*- 

ffiven. bate judge the undertaking of one or more of their number, 

with security to the satisfaction of the judge, in the sum of 

one hundred dollars, conditioned that the petitioners will 

pay all the cost of a proceeding if a joint sub-district be not 

established thereby. [75 v. 120, § 5.] 

Time and place Sec. 3936. Upon the filing of such petition andunder- 

of meeting of r ° x 

commissioners, taking, the judge shall fix a time, not more than sixty days- 
* thereafter, and a place, which shall be the school-house upon 
the territory, if there is one thereon, and if there is more 
than one school-house thereon, then the house last built, 
and if there is no school-house thereon, then some conven- 
ient place within the territory, for the meeting of the com- 
missioners hereinafter directed to be appointed. [75 v. 120 r 
§ 6.] 

■otice Cation ° f Sec - 393 ^ The J ud S e siia11 thereupon cause to be 

published for four consecutive weeks, in two newspapers of 
opposite politics, printed and of general circulation in the- 
county where the petition is filed, notice of the filing of 
such petition, and of the time and place of meeting of the 
commissioners. [ 75 v. 120, § 7.] 

commissioners Sec. 3938. The judge shall also make an order ap- 

to be appointed. ■ . 

pointing three judicious, disinterested men of the county and 
not residents of either of the townships to be affected, to- 
be commissioners, and to act in the premises; if a person 
so appointed die, or fail from any cause to be present and to 
act, or if he give notice of his inability to serve, the judge 
shall forthwith, by order, appoint another in his stead, who- 
may act as if he had been originally appointed; and the judge 
shall deliver a copy of the petition and his order to the com- 
missioners, and shall instruct them in the law applicable to- 
such proceedings. [75 v. 120, § 8.] 
oath and duties Sec 3939. The commissioners shall take an oath to 

of commission- ... , r ., r ,., , - ..... , . - 

ers. discharge faithfully the duties required by this chapter ac- 

cording to the best of their knowledge and understanding, 
and shall meet at the time and place named in the published 
notice, may examine witnesses under oath, which may be 
administered by one of their own number, and consider and 
determine the question whether a joint sub-district ought to 
be establish ed. [75 v. 120, § 9. 



SCHOOL OFFICERS' GUIDE. ■ :<7 

Joint Sub-districts. Ch. 5. 

Sec. 3940. The clerk of the several boards of educa- clerks to have 

, present plate 

tion interested shall be present at the meeting of the com- and papers, 
missioners, and have with them the plats of the several 
townships, with the lines of the several sub-districts marked 
thereon, and such other papers and documents as will serve 
to inform the commissioners and give them a correct idea of 
the wants of the petitioners. [75 v. 120, § 10.] 

Sec. 3941. The commissioners shall report in writing The report or the 

commission. 

to the probate judge — 

1. Whether or not a joint sub-district ought to be es- 
tablished, and their reasons therefor. 

2. If they find in favor of the establishment 
of a joint sub-district, they shall give the lines and 
a plat thereof; they may also change the lines of 
the sub-district proposed in the position [petition], by in- 
cluding therein other territory, or excluding territory in- 
cluded therein, or both; and if there is no suitable school- 
house within such boundaries, or, if there is one, but it is not 
suitably located, they shall designate a site whereon to erect 
such building, provided, that if said commissioners shall 
have located, or shall hereafter locate a site upon a township, 
or county line and embracing territory in different townships 
then the school-building shall be erected on said site, but in 
that township having the largest number of children of 
school age who live in said joint sub-district. [75 v. 120, 
§11; 90 v. 115.] 

Sec. 3941&. When in a joint sub-district established by Board to estu 

,•••.« i -11 i i mate levy and 

proceedings in the probate court, a site has been designated buna schooi- 
for a school-house, the board of education of the township 
in which such site is designated shall make the necessary 
estimate to purchase such school-house site, and erect and 
furnish a suitable school-house thereon ; and said board shall 
report such estimate and levy to the county auditor; said 
levy shall be made and the money collected in like manner 
as the funds are levied and collected for other joint sub-dis- 
tricts. [80 v. 62; 89 v. 93.] 

Sec. 3942. The report of the commissioners, if The effect of th« 

report. 

against the establishment of a -joint sub-district, shall be a 
bar to any proceeding to establish a joint sub-district out of 
any of the territory described in the petition for three years; 
and if the report be in favor of the establishment of a joint 
sub-district, it shall be final unless set aside by the probate 
court for fraud. [75 v. 120, § 12.] 



38 OHIO SCHOOL LAWS. 



Ch. 5. Joint Sub-districts. 



judgment for Skc. 3943. If the report be against the establishment 

cost; what fees .. ,,« <• ■ i 

allowed. of a joint sub-district the judge shall render judgment 

against the petitioners for all the costs of the proceeding; 
and the commissioners and the judge shall receive the same 
fees as are authorized to be charged for like services in pro- 
ceedings to establish roads, and such other fees as are au- 
thorized by law. [75 v. 120, § 13.] 

Reports and Sec. 3944. If the report be in favor of the establish- 

judgment of . 

frub-district. ment of a joint sub-district, the judge shall make an entrj' 
confirming the same; and a certified copy of the report, 
including the plat and his order, shall be delivered to the 
clerk of the board of education of each township interested 
therein, and thereafter such joint sub-district shall be fully 
established, and it shall be governed and controlled in the 
same manner as joint sub-districts otherwise established. 
[75 v. 120, § 14.] 

How costs pa-:a Sec. 3945. In such case the judge shall tax the costs 

in such case. _ 

of the proceedings to the board of education of the several 
townships interested, in such proportion as he may deem 
just and equitable, and certify the same to the clerks of 
such boards; and the boards shall be liable therefor, and at 
the first regular or special meeting of each thereafter pay- 
ment of the amount so taxed to it shall be ordered. [75 v. 
120/ §15.] 
petition for Sec. 3946. A petition may, in like manner, be filed 

with the clerk of the board of education of any township, 
praying for the creation of an additional sub-district, or for 
changing the lines of sub-districts, or for the creation of a 
special school district, or for changing the lines of special 
or village districts, and adjoining sub-districts; but when a 
special or village district is interested in such proposed 



other purposes. 



cable when. 



Sec 3945. Concerning the record of these proceedings see 
note (c) to section 3914. 
Petition appli- Sec 3946 (a). The petition is not applicable to a case in which 

it is sought to change the boundaries between two special or two 
village or city districts, or between a special and a village or city 
district. It pertains only to cases in which the boundaries of a sub- 
district are in some way to be affected, as only in such cases has the 
township board jurisdiction. But, according to section 3893, the 
boards of education having the management of such special; village, 
or city districts may transfer their territory from one to the other. 
Ham. Co. Com. Pleas, Boards of Ed'n Sycamore Tp. v. Henry C. 
Bowen et al. 

[b). As to what matters public notices must contain, see notes 
to section 3991. 



SCHOOL OFFICERS' GUIDE. 39 



Joint Sub-districts. Ch. 5. 



change, the petition may be filed either with the clerk of 
the township board, or the clerk of the board of education 
of such special or village district; and when any such lines 
have been so changed, they shall not be altered by any 
board or boards of education until after the expiration of 
three years, except upon the written consent of two-thirds 
of the electors residing within the territory affected by the 
change. [75 v. 120, § 16.] 

Sec. 3947. Such petition may be filed with the clerk proceedings 
of the board of education of such special or village t dis- 
trict, with the clerk of the board of education of the town- 
ship, or, if the changes sought by the petition affect terri- 
tory in more than one township, with the clerk of the 
board of education of either township; and, upon the filing 
thereof, the members of the board or boards interested shall 
be notified, as provided in section thirty-nine hundred and 
thirty-three. [75 v. 120, § 17.] 

Sec. 8948. It shall be the duty of such board or when such 
boards to meet and consider the petition within thirty daj-s be fiieTwnh 
from the time the same is filed, but on failure to do so pl ° 
within sixty days of such time, or if the board or boards 
meet and grant, or refuse to grant, the prayer of the peti- 
tion, a petition or a remonstrance may be filed with the 
probate judge of the county, by either party, as provided in 
section thirty-?iine hwidred and thirty-four; and, thereafter, 
such proceedings may be had thereon, and they shall have 
the same effect as is herein provided for the formation of 
joint sub-districts. [75 v. 120, § 18; 78 v. 9.] 

Sec. 3949. Directors of joint sub-districts shall be Election, duties, 

, - , ... . r , etc., of directors 

elected at the same time, m the same manner, and for the 
same term, as directors of other sub-districts, and shall 
organize at the same time, and in the same manner, have 
the same powers, perform like duties, and be subject to the 
same penalties; but in such sub-districts hereafter estab- 
lished, the first election shall be held within twenty days 
after such establishment, at least five days' previous notice 
of which, stating the time and place of meeting, and signed 
by at least three electors of the sub-district, shall be posted 
in three of the most public places in the sub-district; and at 
such meeting a chairman and clerk shall be chosen, and 
there shall be elected three directors, one to serve until the 
third Monday of April next succeeding his election, and 
one to serve for one year and one for two years from said 



40 



OHIO SCHOOL LAWS. 



Ch. 5. 



Joint Sub-districts. 



Power to chanj 
joint sub-dis- 
tricts. 



third Monday, and until the election and qualification of 
their successors. [70. v. 195, § 34; 75 v. 120, § 19.] 

S3C. 3950. No joint sub-district which is now organ- 
ized, or may hereafter be organized, shall be dissolved, 
changed or altered, unless by the concurrent action of the 
boards of education of the several townships having terri- 
tory included therein; provided, however, that when any 
board of education, in a joint sub-district desires to dissolve, 
change or alter the same, the board of education desiring 
such dissolution, change or alteration, shall notify, in 
writing, the boards of education interested, of the time 
when they will meet to consider the proposed dissolution, 
change or alteration. The place of meeting shall be the 
school-house in such joint sub-district; but if there be none, 
then at some convenient place in the vicinity of such joint 
sub-district. If the joint boards fail to meet, or having 
met, cannot agree upon a dissolution, change or alteration, 
as the case may be, then the board of education desiring 
such dissolution, change or alteration, may appeal to the 
probate court of the proper county, and the same proceed- 
ings shall be had as in case of appeals in the formation of 
joint sub-districts, so far as applicable, as provided in sec- 
tions 3935, 3936, 3937, 3938, 3939, 3940 and 3941; and any 
joint sub-district established by proceedings in the probate 
court may be dissolved, changed or altered, as provided in 
this section, at any time after the expiration of five years, 
or the court may dissolve the same at any time upon being 
petitioned to do so by two-thirds of the voters residing in 
the district which is affected by the change, when the best 
interests of the school demand such dissolution, change or 
alteration. [77 v. 186; 81 v. 211; 84 v. 117; 86 v. 211.] 



Proceedings to 
effect change. 



Sec 3950. Where a joint sub-school district is established by 
the probate court under the provisions of sections 3930 to 3950, in- 
clusive, of the Revised Statutes, and the judgment of said court re- 
mains in full force and unreversed, an action by the board of edu- 
cation of the township in which such joint sub-district is estab- 
lished, to enjoin the county commissioners from levying a tax to 
support the same, cannot be maintained. The judgment of the pro- 
bate court is final, unless reversed for error or set aside for fraud. 
Board of Education of Washington township, Darke county, vs. 
John H. Stuck et al. 39 O. S., 259. 



SCHOOL OFFICERS' GUIDE. 



11 



School Funds. 



Ch. 6. 



CHAPTER 6. 



SCHOOL FUNDS. 



•Section 
S951. The 



3952. 



?9^3. 
3934. 



395S. 
3959. 
3960. 
3961. 



"state common school 
fund." 

Interest upon proceeds of 
salt and swamp lands. 

The ''common school fund." 

Accounts of common school 
fund— how kept, etc. 

Bequests, etc.. in trust for 
common school fuud. 

Apportionment of school 
funds by auditor of state. 

To what county common 
school fund paid when 
county line divides orig- 
inal surveyed township. 

Estimate and levy lor con- 
tingent fund. 

Limitation as to levy for con- 
tingent fund. 

Estimate to be certified to 
county auditor. 

Contingent fund lor joint sub- 
district. 



Section 

3962. Same when county line di- 

vides such sub-district. 

3963. Funds of district composed of 

territory in more than one 
county. 

3964. Apportionment of school 

funds by county auditor. 

3965. Distribution of money after 

apportionment. 

3966. Apportionment of common 

school fund by county 
auditor when county line 
divides original surveyed 
township. 

3967. Apportionment of conting- 

ent fund by boards of edu- 
cation. 

3968. How contingent fund to be 

applied in Toledo. 

3969. County commissioners to levy 

contingent fund when 
board neglects. 
3970 County auditor to collect 
fines, etc., and inspect sec- 
tion sixteen accounts. 



Sec. 3951. For the purpose of affording the advan- The state com 
tages of a free education to all the youth of the state, there ™d. scb ° o1 
shall be levied annually a tax on the grand list of taxable 
property of 'the state, which shall be collected in the same 
manner as other state taxes, and the proceeds of which shall 
constitute "the state common school fund;" and for the 
purpose of higher agricultural and industrial education, in- 
cluding manual training, there shall be levied and collected 
in the same manner, a tax on the grand list of the taxable 
property of the state, which shall constitute "the Ohio 
State University fund." The rate of such tax in each case 
shall be designated by the general assembly at least once in 
two years, and if the general assembly shall fail to desig- 
nate the rate for any year, the same shall be for "the state 
common school fund," one mill; and for "the Ohio State 
University fund" one-twentieth of one mill, upon each 
dollar of valuation of such taxable property. [70 v. 195, 
§ 126; 88 v. 159.] 

Sec 3952. The state shall pay interest annually, at 
the rate of six per cent, per annum, upon all money which 
has been paid into the state treasury on account of sales of 
ands commonly called "salt lands," and upon all money 



Interest on pro- 
c eds oi sa t aivj 
swamp lands. 



42 



OHIO SCHOOL LAWS. 



Ch. 6 



School Funds. 



The "common 
school fund. 



Accounts of 
common school 
fund — how 
kept, etc. 



heretofore paid, or which may hereafter be paid into the 
state treasury on account of sales of swamp lands granted 
to the state of Ohio by act of congress; the money re- 
ceived from such sales shall constitute an irreducible debt 
of the state; and the interest shall be apportioned annually 
on the same basis as the state common school fund is ap- 
portioned, and distributed to the several counties as pro- 
vided in section thirty-nine /ncndred and fifty-six. [70 v. 
195, § 132; 49 v. 40, § 1.] 

Sec. 3953. The money which has been and may here- 
after be paid into the state treasury on account of sales of 
lands granted by congress for the support of public schools 
in any original surveyed township,, or other district of 
country, shall constitute the "common school fund," of 
which the auditor of state shall be superintendent, and the 
income of which shall be applied exclusively to the support 
of common schools, in the manner designated in this chap- 
ter. [70 v. 195, §§ 127, 128.] 

Sec. 3954. The common school fund shall constitute 
an irreducible debt of the state, on which the state shall pay 
interest annually, at the rate of six per cent, per annum, to 
be computed for the calendar year, and the first computa- 
tion On any payment of principal hereafter made to be from 
the time of payment to and including the thirty-first day 
of December next succeeding; and the auditor of state 
shall keep an account of the fund, and of the interest which 
accrues thereon, in a book or books to be provided for the 
purpose, with each original surveyed township and other 
district of country to which any part of the fund belongs, 
crediting each with its share of the fund, and showing the 
amount of interest thereon which accrues and the amount 
which is disbursed annually to each. [70 v. 195, §§ 128, 
129.] 
Bequests, etc., Sec. 3955. When any errant or devise of land, or any 

in trust for the ° J 

common school donation or bequest of money or other personal property, 
is made to the state of Ohio, or to any person, or otherwise, 
in trust for the common school fund, the same shall become 
vested in said fund ; and when the money arising therefrom 
is paid into the state treasury, proper accounts thereof, shall 
be kept by the auditor of state, and the interest accruing 
therefrom shall be applied according to the intent of the 
grantor, donor, or devisor. [70 v. 195, § 131.] 



SCHOOL OFFICERS' GUIDE. 43 



School Funds. Ch (>. 



Sec. 3956. The auditor of state shall apportion the Aoportionmeni 

of school funds 

state common school fund to the several counties of the i>y auditor of 



state semi-annually, upon the basis of the enumeration 
of youth therein, as shown by the latest abstract of enumer- 
ation transmitted to him by the state commissioner of com- 
mon schools ; before making his February settlement with 
county treasurers, he shall apportion such amount thereof 
as he shall estimate to have been collected up to that time, 
and, in the settlement sheet which he transmits to the aud- 
itor of each county, shall certify the amount payable to the 
treasurer of his county; before making his final settlement 
with county treasurers each year, he shall apportion the re- 
mainder of the whole fund collected, as nearly as the same 
can be ascertained, and in the August settlement sheet 
which he transmits to the auditor of each county shall cer- 
tify the amount payable to the treasurer of his county; in 
each Februar)' settlement sheet he shall also enter the 
amount of money payable to the count}' treasurer on the 
apportionment of interest specified in section thirty-nine 
hundred and fifty-two ; he shall also enter in each February 
settlement sheet the amount of money payable to the county 
treasurer on account of interest for the preceding year on 
the common school fund, and designate the source or sources 
from which the interest accrued; he shall transmit with each 
February settlement sheet a certified statement, showing 
the amount of interest derived from the common school 
fund payable to each original surveyed township or other 
district of country within the county; and the treasurer 
of each county shall, at each semi-annual settlement with 
the auditor of state, retain in the county treasury, from the 

Sec 3956 (a). By section 4036 the county auditor is authorized 
to employ a proper person to take the enumeration in an}' district 
\v henever the same is not taken as required by law, and section 403S 
makes the clerk liable for all damage or loss accruing to any school 
district by his neglect to cause such enumeration to be taken and 
returned to the county auditor. 

(b). The auditor of state apportions these funds to the several 
counties, and certifies the same to the county auditors, and they ap- 
portion them to the school districts in the county, giving the clerks 
and treasurers of school districts a copy of such apportionment, and 
giving orders on the cotinty treasurer for the amounts so appor- 
tioned, and taking their receipts therefor. 

(c). All fines, etc., collected and paid into the county treasury- 
should be disbursed to the proper school districts in the same 
manner. 



state. 



44 



OHIO SCHOOL LAWS. 



Ch. 6. 



School Funds. 



To what county 
common school 
fund paid when 
county line di- 
vides original 
surveyed town- 
ship. 



state taxes collected by him, the amount of the funds here- 
in mentioned shown by the settlement sheet of the auditor 
of state to be payable to him at that time ; but if such 
amount for any county exceeds the amount of state taxes' 
collected therein, the. auditor of state shall draw an order 
on the treasurer of state, in favor of the treasurer of such 
county, for the balance of school funds due his county, and 
transmit the same to such county treasurer, and the treas- 
urer of state shall pay such order upon its presentation to 
him. [70 v. 195, §§ 120, 130.] 

Sec. 3957. If parts of an original surveyed town- 
ship or fractional township are situate in two or more coun- 
ties, the amount of interest on common school fund due to 
such township shall be paid in the manner provided in the 
last section, to the treasurer of the county wherein the 
greatest relative portion of such township is situate ; but 
if it be uncertain in which county such portion is situate, 
the amount of interest due to such township shall be paid 
to the treasurer of the oldest county in which any part 
of the township is situate. [70 v. 195, § 130.] 

Sec. 3958. Each board of education shall, annually, 
at a regular or special meeting, to be held between the third 
Monday in April and the first Monday in June, determine 
by estimate, as nearly as practicable, the entire amount 
of money necessary to be levied as a contingent fund for 
the continuance of the school or schools of the district, af- 
ter the state funds are exhausted, to purchase sites for 
school-houses, to erect, purchase, lease, repair, ?nd furnish 
school-houses, and build additions thereto, and for other 
school expenses. [75 v. 526, § 56; 75 v. 101, § 4; 80 v. 17, 
124 ; 81 v. 177.] 

Sec, 3958#. Each board of education of any city, 
special or village school district may, if they so choose, at 



Board of educa- 
tion to make 
estimate for 

expenses. 



Establishment 
of kindergarten 
schools. 



Statutes when 
■directory. 



When tax ma> 
be p aced on 
duplicate. 



Tuition of non- 
resident pupils 



SEC. 3958 (a). "It is a general rule that statutes, so far as they 
limit a time for the performance of an act by a public officer, for the 
public benefit, are merely directory, when time is not the essence 
of the thing to be done, unless there are negative words, and the 
act is valid if dbne afterwards. 

(b). "A notice, by a clerk of a board of education, of a tax 
voted by the board, to build a school-house, delivered to the auditor 
on the 11th day of June, is sufficient authority to the auditor for 
carrying the tax into bis duplicate." II. Western Law Monthly, 
page 589. 

(c). Tuition from non-resident pupils is to be paid to the board 
of education, and disbursed like other contingent funds. Neither 



SCHOOL OFFICERS' GUIDE. 



School Fuiids. Ch. 6 



any regular or special meeting, establish public kindergarten 
schools in connection with the public schools of said city, 
special or village school district, for the children of said city, 
special or village school district, between the ages of four 
and six years ; and may, at the meeting provided for in section 
8958, determine what part of the contingent fund provided 
for in sections 3958 and 3969 shall be set aside for such pur- 
pose ; provided, no part of the state fund shall be appro- 
priated therefor; but said boards of education may provide 
an additional sum for said kindergarten instruction by the 
levy of a tax not exceeding one mill, in addition to the levy 
provided for in section 3959, as amended March 24, 1892, 
[89 O. E-, 142.] 

Sec. 3959. Such estimate and levy shall not exceed, Amount of levy 

J for contingent 

in cities of the first grade of the first class, three and one- fuiid - 
fourth mills; provided, however, that boards of education 
in said cities may levy one mill additional for every five 
thousand pupils over and above twenty-five thousand en- 
rolled in the public schools of said cities, which levy, how- 
ever, shall in no case exceed four mills ; and in all other dis- 
tricts, except those hereinafter named, such estimate and 
levy shall not exceed seven mills on each dollar of valua- 
tion of taxable property; provided, however, that in coun- 
ties containing a city of the first grade of the first class, in 
districts outside such city in which a high school is main- 
tained, and in all special and village districts of any county 
in the state, such estimate and levy shall not exceed eight 
mills on each dollar of valuation of taxable property. [61 
v..63, '§ 2; 63 v. 15, § 1; 75 v. 101, § 4; 75 v. 526, § 56; 79 
v. 80; 80 v. 124; 81 v. 177; 89 v. 142.] 

Sec 3960. The amount so estimated, the board shall Estimate to be 

certified to 

certify, in writing, on or before the first Monday in June in county auditor 
each year, to the auditor of the county to which the dis- 
trict belongs, who shall asses the entire amount upon all the 

the teacher nor the directors have any authority to retain or to nay 
out such funds. 

(d). The term "Contingent Fund" is used to designate the lo- 
cal levy, because the amount of it is contingent on the difference 
between the wants of the district and the amount of State funds re- 
ceived. It includes both the amount levied for the payment of what the con- 
teachers, and that for building, repairs, and other expenses. The tin s eut fund is 
language of this section and that of section 3967 seems to imp!}' 
that the State funds are to be used only for the payment of teachers. 

SEC 3960 (a). The board must also certify any additional i v evy voted by- 
amount for building or other purposes which may have been voted electors - 



46 



OHIO SCHOOL LAWS. 



Ch. (5. 



School Funds. 



Contingent fund 
for jo.nt sub- 
districts. 



taxable property of the district, and enter it upon the tax list 
of the county, and the county treasurer shall collect the 
same, at the same time and in the same manner as state and 
county taxes are collected, and pay it to the treasurer of 
the district, upon the warrant of the county auditor; and 
unless he is paid a fixed salary, he shall receive one per 
centum on all money so collected, and no more. [70 v. 195, 
§§ 57, 58.] 

Sec. 3961. For a joint subdistrict the estimate required 
by section thirty-nine hundred and fifty-eight shall be made 
by the board of education having control of the school 
thereof, and apportioned to the several townships having 
territory therein in proportion to the enumeration of youth 
in the territory belonging to each; the board shall certify 
such estimate, so apportioned, to the county auditor, who 
shall add the portion for each township to the estimate for 
a contingent fund certified to him by its board of educa- 
tion, and place it on the tax list therewith for collection as 
part of the township estimate; when the county auditor 
apportions the school funds he shall transfer to the town- 
ship having control of the school, from the other townships, 
the amounts so assessed and collected, and certify to the 
clerk and treasurer of each township the amount due the. 
board in control of said school, including state tax, interest 
on the common school fund, contingent fund, and money 
received from other sources, which amount shall be paid to 
the treasurer of the board having control of the school; 
and such board shall cause to be kept such accounts as will 
show the funds received from each township, and the disposi- 
tion thereof, and transmit to the other board or boards 
interested, at the end of the school year, a statement of 
such receipts and expenditures. [ 75 v. 84, § 35; 89 v. 93.] 

Sec. 3962. When a joint subdistrict is composed of 
fractions of two or more counties, such estimate shall be 
apportioned to the townships, as provided in the preceding 
section, and the amount apportioned to the township or 



Smie when 
":ounly line 
divides such 
sub-district. 



Boards liable 
for failure to 
provide school 
advantages. 



at a special meeting of electors, and so required to be certified in 
Sec. 3992. 

If the certificate is sent in after the day, the auditor is ' still to 
levy the tax, if possible. See note and authority on section 3958. 

( b ) If the board of education fails to provide for all the 
youth of school age in the district, the county commissioners are to 
perform the work of the board, and the members of the board " shall 
each be severally liable in a penalty " of. $25 to $50 for such failure. 
See section 3969. 



SCHOOL OFFICERS' GUIDE. 47 

School Funds. C!i ti. 

townships belonging to each county shall be certified by 
the board to the auditor thereof, whose duties in the premises 
shall be the same as prescribed for the auditor in the pre- 
ceding section, so far as the provisions thereof are appli- 
cable; and the board shall keep accounts, and report receipts 
and expenditures, as provided in said section. [72 v. 63, 
§36.] 

Sec. 3963. The funds belonging to a district composed Fund-, of <in 

00 r tricts in :it >re 

of territory in more than one county shall be paid by the than oue 
treasurer of the other counties to the treasurer of the county 
in which the school-house of the district is situate; the aud- 
itors of other counties shall make settlement on account of 
such funds with the auditor of the county in which such 
school-house is situate; and the treasurer of the district 
shall make the settlement required by section thirty-nine 
hundred and sixty-six with such auditor. 

Sec. 3964. Each county auditor shall, annually, imme- Apportionment 

J J ' of school tuuiis 

diately after his annual settlement with the county treasurer, by county 

■" J ' auditor. 

apportion the school funds for his county; the state common 
school fund shall be apportioned in proportion to the enumer- 
ation of youth, to districts, subdistricts, and joint subdis- 
tricts, and fractions of districts and joint subdistricts within 
the county; but if an enumeration of youth of any district, 
for any year, has not been taken and returned, such district 
shall not be entitled to receive any portion of said fund; 
the contingent funds collected from the several districts 
shall be paid to the districts to which they respectively be- 
long ; money received from the state on account of interest 
on the common school fund shall be apportioned to the 
school districts and parts of school districts within the ter- 
ritory designated by the auditor of state as entitled thereto, 
in proportion to the enumeration of youth therein, and a'.l 
other money in the county treasury for the support of com- 
mon schools, and not otherwise appropriated by law, shall 
be apportioned annually in the same manner as the state 
common school fund. [70 v. 195, § 120; S. & C. 64, § 2; 
S. &C. 1406, §3; 77 v. 58.] 

Sec. 3965. The auditor shall immediately after such Distribution 

... of money after 

apportionment is made, enter the same in a book to be kept apportionment 
for that purpose, and furnish a certified copy of the appor- 
tionment to each school treasurer and clerk in his county ; 
and he shall give to each of such treasurers an order of the 
county treasurer for the amount of money payable to him, 
and take his receipt therefor. [70 v. 195, § 120.] 



48 



OHIO SCHOOL LAWS. 



Ch. 6. 



School Funds. 



Apportionment 
oi common 
school fund by 
county auditor 
when county 
line divides 
original sur- 
veyed township. 



Maximum of 
levy. 



Sec. 3966. When an original surveyed township or 
fractional township is situate in two or more counties, and 
the land granted thereto by congress for the support of pub- 
lic schools has been sold, the auditor of the county, to whose 
treasurer the interest on the proceeds of such sale is paid, 
shall apportion such interest to the counties in which such 
township is situate, in proportion to the youth of the town- 
ship enumerated in each ; such auditor shall certify to the 
auditor of each of the other counties the amount so ascer- 
tained to belong to the part of the township situate in his 
county, and transmit to the treasurer of each of such coun- 
ties an order on the treasurer of his own county for such 
amount; and the auditor of each county shall apportion 
the amount of such interest belonging to the part of the 
township in his county, to the districts or parts of districts 
entitled thereto, in proportion to the enumeration of youth 
therein, and certify and pay the same to the proper school 
officers, as provided in the preceding section. [70 v. 195, 
§§121,122; 72 v. 63, §36.] 

Sec. 3967. So much of the contingent fund as may be 
set apart by a township board for the continuance of schools 
after the state funds are exhausted, shall be so apportioned 
by the board that the schools in all the subdistricts of the 
township shall be continued the same length of time each 
year; and if the appointment be not satisfactory to the 
directors of any subdistrict, or a majority of them, they may 
give notice thereof, in writing, to the county commissioners, 
who, at their first regular meeting for the transaction of busi- 
ness after the receipt of such notice, shall revise the appor- 
tionment, and the amount aforesaid shall be apportioned in 
the manner deteVmined by the commissioners; but neither 



Apportionment 
ol funds. 



SEC 3967 (a). Inasmuch as the larger subdistricts receive 
more of the State funds than the smaller subdistricts, the latter 
ought to receive proportionally more of the township tuition fund 
than the former. If, however, the larger subdistricts contain two or 
more schools, or actually require more tuition money than the 
smaller -to sustain their schools an equal length of time, they are 
entitled to more. 

The larger subdistricts may, in some instances, be obliged to 
pay higher wages than the smaller. The intention of the law is to 
require boards of education to provide the necessary funds, all the 
circumstances being duly considered, for continuing the schools of 
the several subdistricts an equal length of time. 

(b). The adding together of the State and contingent funds, 
and then dividing the sum equally among the several subdistricts, as 
is so frequently done bj^ township boards, is not a compliance with 



SCHOOL OFFICERS' GUIDE. 49 

School Funds. Ch. (i. 

the township board nor the commissioners shall reapportion 
any funds which were apportioned among the subdistricts 
before any preceding annual settlement, and in making au 
apportionment of funds, the amount set apart for any sub- 
district shall not be increased or diminished by reason of any 
deficit or surplus in the funds previously apportioned to such 
subdistrict. [70 v. 195, § 60; 82 v. 92.] 

Sec. 3968. In the citv of Toledo, at each annual Kpw contingent 

r . fund to be ap 

settlement of the treasurer of the board of education with piiediu rokdo. 
the county auditor, there shall be placed to the credit of a 
sinking fund so much of the proceeds of the levy for con- 
tingent fund as would be produced by a levy of two mills, 
and the treasurer shall apply the same in payment of school 
bonds, and interest thereon, and to no other purpose. [75 
v. 526, § 56.] 

Sec 39 >9. If the board of education of any district county eommjs- 

r ., . . n . r . , r sioners to levy 

fail in any year to estimate and certify the levy for a con- contingent mud 
tingent fund, as required by this chapter, or to provide neglects!' 

either the letter or the spirit of the law. An equal division, except 
in rare instances, cannot be an equitable division. 

SEC. 3969 ( a ) Several questions have come up under this sec- 
tion. In solving any doubts that have arisen, it has seemed proper 
to consider that the purpose of the section is to provide au absolute 
remedy against the suspension of a school, and to assure to each 
pupil in the State reasonably convenient facilities for attending 
school six months each year. 

If, however, a board has levied up to the full limit allowed by 
law, and the sum produced is not sufficient to continue the schools 
of the district for six months, there seems to be no remedy. But if 
a levy under this limit fails to sustain the schools for the minimum 
time prescribed in this section, then an appeal should be made to the 
county commissioners, whose duty it will be to raise the levy to the 
highest limit warranted by the law; and they will be justified in 
acting as soon as they are satisfied that the amount levied by the 
board of the district will be insufficient to meet the demands of the 
law. 

(b). If, under any circumstances, a board of education of a county com-'ris- 
city, village or special district stands a tie in its organization so that sio " crs to be 

i j ' < appealed to. 

it cannot act for months together, and as a result teachers or other 

employes cannot be paid or other necessary business transacted, the 

county commissioners should be appealed to under the provisions of 

thi" section. In case of a tie vote in township districts — see note 

under section H915. 

[c). The law does not seem to intend that the commissioners ^ ,. 

' . - Should continue 

shall stop a school which has come under their control, when six schools the 
months' school has been taught during the year. They should be usua tlme ' 
governed by the customs of the district. In a city they should keep 
up the schools forty weeks, if that has been the custom. 

4 



50 



OHIO SCHOOL LAWS. 



Ch. 6. 



School Funds. 



County auditor 
to collect fines, 
etc., and inspect 
section sixteen 
accounts. 



sufficient school privilege for all the youth of school age in 
the district or to provide for the continuance of any school 
in the district for at least six months in the year, or to pro- 
vide for each school an equitable share of school advantages 
as required by this title, or to provide suitable school-houses 
for all the schools under its control, the commissioners of 
the county to which such district belongs, upon being 
advised and satisfied thereof, shall do and perform any or all 
of said duties and acts, in as full a manner as the board of 
education is by this title authorized to do and perform the 
same; and the members of a board who cause such failure 
shall be each severally liable, in a penalty not exceeding fifty 
nor less than twenty-five dollars, to be recovered in a civil 
action in the name of the state upon comp laint of any 
elector of the district, which sum shall be collected by the 
prosecuting attorney of the county, and when collected 
shall be paid into the treasury of the county, for the benefit 
of the school or schools of the district. [72 v. 59, § 59.] 

Sec. 3970. The auditor of each county shall collect, 
or cause to b,e collected, all fines and other money, for the 
support of .common schools in his county, and pay the same 
to the county treasurer; he shall inspect all accounts of in- 
terest accruing on account of section sixteen or other school 
lands, whether the same is payable by the state or by the 
debtors; and he shall take all proper measures to secure to 
each school district in his county the full amount of school 
funds to which it is entitled. [70 v. 195, § 120.] 



Penalties and 
forfeit ures pay- 
able Into the 
,ownship 
?'■■ tri t 
treasury. 



Penalties and 
forfeitures pay- 
able into the 
county treasury. 



Sec 3970. The list of such fines is here appended : 

SEC 3479. (Amended 1881). Penalty for avoiding toll on 
turn-pikes or plankroads. 

SEC 4033. Penalty against the clerks of local boards who fail 
to take the enumeration. 

SECS. 4201-04. Penalty for allowing certain animals to run at 
large. 

Sec 4382. Penalty against owners or keepers of wharf boats. 

SECS. 4401-02. Penalty against peddlers that do not obtain a 
license. 

SEC 1504. (Amended 1883). Penalty against township clerk 
failing to make detailed statement — act relating to oil wells. Laws 
of 1883, page 191. 

Sec 288. Penalty against insurance corporations and others 
violating the provisions of Chapter VIII, Title III, Revised Statutes. 

Secs. 1052 and 4215. Relating to dog tax. 

SEC 1279. Relating to the disposition, by the prosecuting 
attorney, of the proceeds of the sale of timber that grew on state or 
school lands. 



SCHOOL OFFICERS' GUIDE. 51 

School Funds. Ch. 6. 

Secs. 1280-81. Providing for the disposition of the proceeds 
of the sale of propei ty, stolen, embezzled, or obtained under Jalse 
pretenses. 

Sec. 1375. Penalty against township trustees and treasurer: 
who refuse to serve. 

Sec. 3969. Penalty against members of a board of education 
who fail to perform certain duties. 

Sec. 4027. Penalty against parents and guardians for detain- 
ing children from school contrary to law. 

Sec. 4038. Penalty against the clerk of a local board for failing 
to take the school enumeration. 

Sec. 4045. Penalty against treasurers of school districts for 
failing to make their annual settlement. 

SEC. 4061. Penalty against county auditors and c erks of boards 
of education for failing to make certain reports. 

Sec. 4063. Penalty against county auditors. 

Secs. 4088-89. Penalty against institute committee for failing 
to make required report. 

SECS. 4217-18. Penalty against fishing unlawfully in Lake 
Erie. 

SEC. 4398. (Amended) 4399. Relating to peddlers' license. 

Sec. 4487. Penalty against auditors, engineers, commissioners, 
and probate judges, who fail to perform certain duties relating to 
county ditches. 

Sec. 63 ( J6. Penalty against assessors, physicians, midwives^ 
clergymen, sextons, and probate judges, who fail to furnish statistics 
of births and deaths. 

SEC. 19 of act relating to sinkholes and fissures. Laws 1883, 
page 211. 

Secs. 1050-51. Penalty against county auditors for failing to 
report to state auditor. 

SEC. 1524. Penalty against assessors for neglecting or refusing penalties and 

to make out and return statistics. forfeitures pay- 

able into the 
Sec. 1525. Penalty against any person,tompany, or corporation, state treasury. 

refusing to make out and deliver a statement of facts for taxation. 

Sec. 3225. Relating to the proceeds of the sale of unclaimed 
goods by express companies, common carriers, etc. 

* Penalties for the violation of the compulsory education act. 



62 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions applying to all boards. 



CHAPTER 7. 
PROVISIONS APPLYING TO ALL BOARDS. 



Boards of evoca- 
tion — pow<- r and 
duties. 



Inability of 
boards for in- 
jury to persons. 



Buildin g on 
land without 
clear title. 



Section 
3971. Powersof boards of education. 

What property the boards 
have title to. 

School property exempt from 
taxation. 

Conveyances and contracts. 

Boards may accept bequests. 

Process against boards and 
how served. 

Duties of prosecuting attor- 
ney and city solicitor. 

Tie votes to be decided by lot. 

Oath of members and other 
officers. 



3972. 

3973. 

3974. 
3975. 
3976. 

3977. 

397S. 
3979. 



Section 
3v ; S0. Organization of board. 

Vacancies in board, and how 

filled. 
Quorum ; yeas and nays to be 

taken in certain cases. 
Absence of president or clerk. 
Record of proceedings, and 

attestation thereof. 
Boards to make rules ; illegal 

meetings. 
Boards may make and enforce 

rules tor vaccination. 



3981. 
3982. 



39S3. 
3984. 



3986. 



Section 3971. The boards of education of all school 
districts now organized and established and of all school 
districts organized under the provisions of this title, 
shall be and they are hereby declared to be bodies politic 
and corporate, and, as such, capable of suing and being 
sued, contracting and being contracted with, acquiring, hold- 
ing, possessing, and disposing of property, both real and per- 
sonal, and taking and holding in trust, for the use and benefit 
of such districts, any grant or devise of land, and any donation 
or bequest of money or other personal property, and of ex- 
ercising such, other powers, and having such other privileges 
as are conferred by this title ; but when a board of educa- 
tion decides to dispose of any property, real or personal, 
held by it in its corporate capacity, exceeding in value three 
hundred dollars, it shall sell the same at public auction, 
after giving at least thirty days' notice thereof, by publica- 
tion in some newspaper of general circulation, or by posting 

Sec. 3971 (a). Corporations must take and grant b}>- their cor- 
porate names. 2 Kent, II Ed., e51. 

( b ) . A board of education is not liable in its corporate capac- 
ity for damages for an injury resulting to a pupil while attending a 
common school, from negligence in the discharge of its official duty 
in the erection and maintenance of a common school building under 
its charge, in the absence of a statute creat ng a liability. Finch v. 
Board of Education, 30 O. S., 37. 

(c). It is never desirable or proper, and it is questionable 
•whether a board of education has the right, to build on prop rty to 
which it has not acquired a clear title by lease, deed, or pr cess of 
law. In the latter case, either the time for appeal to a higher court 



SCHOOL OFFICERS' GUIDE. 53 

Provisions applying to all boards. Ch. 7. 

notices in five of the most public places in the district to 

which such property belongs. Provided, that when such How real estate 

7 n. may be sold or 

board has twice offered a tract of real estate for .^ale at pub- exchanged, 
lie auction, as hereinbefore provided, and the same is not 
sold, the board may sell said real estate at private sale, 
either as an entire, tract, or in parcel's thereof, as the board 
may deem best, and the president and secretary of the board 
shall execute and deliver the deed or deeds necessary to 
complete such sale or sales. Provided, that upon a vote of the 
majority of the members of any board of education, and a 
concurring vote of the council of any municipal corporation, 
that an exchange of any real estate held by such board of 
education for school purposes, for real estate held by such 
municipal corporations for municipal purposes, will be 
mutually beneficial to such school district, and to such 
municipal corporation, such exchange may be made by con- 
veyances, to be executed by the mayor and clerk of trie 
municipal corporation, and by the president and clerk of 
such board of education. [70 v. 195, §37; 80 v. 36; 85 v. 
133.] 

Sec. 3972. All property, real or personal, which has what property 
heretofore vested in and is now held by any board of educa- title to. 
tion, or the council of any municipal corporation, for the use 
of public or common schools in any district, is hereby vested 
in the board of education provided for in this title, having 
under, this title juiisdiction and control of the schools in 
such district. [70 v. 195, § 39.] 

should have elapsed, or the appeal, if made, should have been 

decided. 

(d). The power to contract, implies the power to settle with p ower sof 

contractors, and to do this in the interest of the district, so as to hoards to co»- 
... sider equities 

avoid the expense of litigation. Where a contracting party has in contracts. 

rights which he can enforce in equity, a board of education is, like 
other municipal corporations, authorized to recognize and provide 
for these as well as for strictly legal rights. See Brewster v. Syra- 
cuse, 19 N. Y., 116; Friend v, Gilbert, 108 Mass., 408. 

(e). As to what notices must contain, see notes to section 3991. 

SEC. 3972. (a). 'Under the act of May 1, 1873 [70 v. 195], the 
corporate boards of education therein provided for, succeed to all Rights of action 
existing rights of action in relation to the common school property j n certain < 



property. 



and funds which were theretofore vested, by previous legislation, in 
other agencies to whose control such property and funds had been 
confided. Crofton v. Board of Education, 26 O. S. 571. 

3972 b. Public school property, real or personal, that has been }° u ^; i ^^5 lloot 
appropriated and set apart by a township board of education for the 
purpose of a public school of a higher grade than primary, for the 



OHIO SCHOOL LAub. 



Ch. 7. 



Provisions applying to all boards. 



School property 
exempt from 
taxation 



Conveys nces 
and contracts. 



Sec. 3973. All property, real or personal, vested in 
any board of education, shall be exempt from tax, and from 
sale on execution, or other writ or order in the nature of an 
execution. [70 v. 195, § 72.] 

Sec. 3974. All conveyances made by a board of educa- 
tion shall be executed . by the president and clerk thereof; 
no member of a board shall have any pecuniary interest, 
either direct or indirect, in any contract of the board, or be 
employed in any manner for compensation by the board of 
which he is a member, except as clerk or treasurer; and no 
contract shall be binding upon any board unless it be made 
or authorized to be made at a regular or special meeting of 
the board. [70 v. 195, §§ 31, 38.] 



Defacing' 
school-In use, 
penalty tor. 



Penalty for 
burning school 
property. 



Penalty for 
felony and 
steah utr. 



Penalty for 
breaking into 
school-house 
to steal. 



Penalty f r dis- 
turbing h meet- 
ing (school . 



benefit of the youth of the whole township, does not pass to or vest 
in the board of education of a separate school district that may be 
afterwards organized out of the territory within which the property 
happens to be situated, although the property falls within the letter 
of section 3972 Rev. Stats , which is the section of the school law 
relating to the subject. [Board of Education v. Board of Education) 
46 O. S., 595.] 

SEC 6877, R. S. Whoever maliciously injures or defaces any 
church edifice, school-house, dwelling-house, or other building, its 
fixtures, books, or appurtenances, or commits any nuisance therein, 
or purposely and maliciously commits any trespass upon the 
inclosed grounds attached thereto, or any fixtures placed therecn, 
or any enclosure or sidewalk about the same, shall be fined in any 
sum not more than one hundred dollars. [63 v. 15 § 1, S. & S., 280, 
§51; 70 v. 216, §73.] 

(d). Sec. 6831 , R. S., provides that " Whoever maliciously burns, 
or attempts to burn any * * * * school-house * * * shall 
be imprisoned in the penitentiary not more than twenty years." 

(e). Sec. 6835, R. S., provides that "Whoever, in the night sea- 
son, maliciously and forcibly breaks and enters any * * * * 
school-house. * * * * with intent to commit a felony, or with 
'intent to steal property of any value, shall be imprisoned in the 
penitentiary not more than ten years nor less than one year." 

{/). A similar penalty is imposed by section 6836, R. S., for 
entering a school-house in the day-time or night season, and 
attempting to commit a felony." 

(g). Sec. 6837, R. S., provides that "Whoever maliciously, in 
the day-time, breaks and enters any * * * school-house * * * 
with intent to steal, shall be fined not more than three hundred dol- 
lars, and imprisoned not more than sixty days." 

(h). Sec. 6896, R. S., provides that "Whoever willfully inter- 
rupts or disturbs any assembly of persons met for a lawful purpose, 
or any persou while he is at or about the place where such assemb'y 
is to be held, or is and has been held, shall be fined not more than 
fifty dollars, or imprisoned not more than ten days, or both." [73 v. 
224. I 1 ; 61 v. 98, $.1, S. & S., 288 ; 70 v - 216 > 8 .74.]' 



SCHOOL OFFICERS' GUIDE. 



Provisions applying to all boards. 



Ch. 



Sec. 3975. All boards of education may, by the adop- 
tion of a resolution, except any bequest made to them by 
will, upon the conditions and stipulations contained in the 
will, and for the purpose of enabling such boards to carry 
out the conditions and limitations upon which the bequest 
is made, they are authorized to make all rules and regula- 
tions that may be required to fully carry into effect the pro- 
visions of the will in relation to the bequest. 73 v. 205, 
§2.] 



I'oards may ac- 
o p, bequests. 



(«). A member of a board of education is as liable to prosecu- 
tion for violently disturbing a school in session as any other person. 
Such member is also equally liable with any other person for forci- 
bly breaking into a school-house for the purpose of admitting any 
meeting, or for promoting other use of the school-house not au- 
thorized by a majority of the board of education, or by law. In 
short, an individual member of the board, as such, has no more 
authority concerning school property than any other individual has. 
If he is, by law or the board, constituted a committee to look after 
the school-house, he may exercise such authority; but even then, he 
has no power to open the house for purposes unauthorized by the 
board. The limitation of course applies, that for mere errors of 
judgment, with proper purpose and intent to act within the au- 
thority vested in him by the board, the law will exonerate him. 

(j). By " public school-houses" are meant such as belong to 
the public, and are designed for schools established and conducted 
under public authority. The fact that the use of the property is 
free is not a necessary element in determining whether the use is 
publ c. [Gerke v. Purcell, 25 O. S., 229.] 

For leasing of school lands and void leases, see 5 O., 184, 

174. 

For leasing and sale of school lands, see R. S., sees. 1404 



and 8 O 

—1440. 

For penalty for injury to timber on school lands, see sec. 6880, 
R. S. 

For county auditors' fee for transfer of sale of school land, for 
payments on the same, etc., see section 1073, R. S. 

Sec 3973 {a). A mechanic's lien or a mortgage could not be 
enforced, since such enfoi cement would require an " order in the 
nature of an execution." 

{b). School property is not liable to assessment for a street im- 
provement; nor cau a judgment be rendered against the board of 
education for the payment of the assessment out of its contingent 
fund." [City of Toledo vs. Board of Education, 48 O. S., page 83.] 

(c). We see no ground for a distinction between making an 
assessment upon the property of a board of education for the im- 
provement of a street, and one for the making of a sidewalk, when 
the same has not been ordered by the board. [Board of Education 
vs. City of Toledo, 48 O. S., page 88.] 

{d). For additional provision relating to non-taxation of school 
property, see section 2732, R. S. 



Members of 
b >ard liable for 
disturbing 
schoo , or 
breaking; into 
school-house, 
and the like. 



What are public 
school-houses 



Lease and sale 
of school lands. 



Injury to 
school timber. 

Auditors' fees. 



How to enforce 
claims aga:nst 
boards. 



For street im- 
provements — 
school prop:rty 
not liable to. 



For sidewalk ~ — 
scrool property 
not liable to. 



Non-taxation 
of school prop- 
erty. 



66 



OHIO SCHOOL LAWS. 



Ch. 7. 



Prov sions applying to all boards. 



Process against 
bo:ir?ls anu how 
served. 



Prosecuting 
attorney to act 
as c unsel of 
school board. 



Sec. 3976. The process in all suits against a board 
of education shall be by summons, and shall be served by- 
leaving a copy thereof with the clerk or president of the 
board. [70 v. 195, § 68.] 

Skc. 3977. The prosecuting attorney of the proper 
county, or, in case of a city district, the city solicitor, shall 
prosecute all actions which, by this title, may be brought 
against any member or officer of a school board in his in- 
dividual capacity, and shall act in his official capacity as 



Taxation of 
school lauds. 



Members can- 
not uraw p y 
except as clerk 
or treasurer. 



Insurance of 
school property. 



Accepting- pay 
is embezzle- 
ment. 



Notice. 



When and how 
title to office can 
be questioned. 



Employment 
of attorney and 
how paid. 



Prosecuting at- 
torney is attor- 
ney for boards 
of eaucation. 



(<?). For provisions relating to taxation of school and minis- 
terial lands held under a lease exceeding fourteen years, see section 
2733, R. S. 

SEC. 3974 (a). The failure of an officer to attach his official title 
to his signature, will not affect the instrument so far as the district 
is concerned; provided, the contract was authorized, and made for 
the district, and this fact can be shown. 

(6). A member of a board of education cannot draw wages or pay 
as superintendent of schools or of buildings, as teacher or janitor, 
as contractor for fuel, for drawing fuel, or for any other service to 
the district in which he is serving as such member, except for ser- 
vices as clerk or treasurer. 

(c). School property should be insured, but not in a company 
represented by a member of the board. See sectjon 6969, R. S. 
The Attorney-General concurs in this opinion; see opinions of At- 
torney-General, vol. F, 36. 

(d). SEC. 6975, R. S. "A member of a board of education 
organized under any law of this State, who accepts or receives any 
compensation for his services as such member, except as clerk or 
treasurer of said board, shall be deemed guilty of embezzlement of 
the amount so received, and punished accordingly." 

Sec. 3976 (a). The want of notice is waived by the voluntary 
appearance of the party for any purpose directly connected with the 
cause. 

{b). The legality of the election of members of the school 
board is not a subject of inquiry in a suit to enforce payment of 
money due. 45 Mo., 294. 

(c). Title to office cannot be questioned collaterally, but must 
be done in a direct proceeding by quo warremto, in one of the tri- 
bunals provided by law for hearing and determining all questions 
pertaining to elections. 44 Mo., 154. 

(d). In the absence of restriction, express or implied, the 
school board has authority to employ an attorney to conduct suits 
to which the district is a party, and it is bound to pay for his ser- 
vices. 30 Vermont, 285. See the next section. 

SEC 3977 (a). The following opinion was rendered by Attor- 
ney-General Nash, November 4, 1881 : 

" Section 3977 of the Revised Statutes provides that the prose- 
cuting attorney of a county shall be the attorney for the school 
boards within his county, except in city districts, and sets forth 
what duties he shall perform in this regard. This service is made 



SCHOOL OFFICERS' GUIDE. 



Provisions applying to all boards. Cb. .. 

the legal counsel of vsuch boards or officers in all civil 
actions brought by or against them in their corporate or 
official capacity; but no prosecuting attorney or city solic- 
itor shall be a member of the board of education ; pro- 
vided, that in counties having a county solicitor such 
officer shall prosecute all actions which may be brought 
against any member or officer of a school board in his in- 
dividual capacity, and shall do and perform all the duties 
herein required of the prosecuting attorney as to schools, 
school boards, and officers of schools in the county, outside 
of said city ; but for such service he shall receive no addi- 
tional compensation. [70 v. 195, § 69; 79 v. 26.] 

Sec. 3978. In all cases of tie votes at an election for Tie vote to be 
members of a board of education, the judges of election 
shall decide the election by lot ; and in other cases of fail- 
ure to elect members of the board, or in case of a refusal to 
serve, the board shall appoint. [70 v. 195, § 43 ; 89 v 93.] 



decided by lot. 



one of the duties of the prosecuting attorney which he is bound to 

render under his salary, as no express provision is made for the 

payment of such services. 

"It frequently happens that the prosecuting attorney, on ac- when another 

count of his numerous other duties, is wholly unable to pei form attorney may 
.,.,,. . ,. . , be employed. 

the service required by this section, and it sometimes happens that 

cases arise which require that the prosecuting attorney should have 
assistance in them. In such cases as these, the question — ' Have 
boards of education the right to employ and pay counsel, or, in 
short, have such boards the right and authority to pay attorney fees 
in defending or prosecuting cases in which they are parties?' be- 
comes important. 

"Under such circumstances as I have indicated above, I answer Authority for 

the question in the affirmative, and for this answer I relv on sec- paving attorney 

^ J lees. 

tion 3971 of the Revised Statutes. This section makes boards of 

education bodies politic and corporate, and vests them with the 
power of suing and being sued. I think that the law which au- 
thorizes these boards to sue and be sued, by implication confers 
upon them authority to do all things that are necessary to prose- 
cute successfully or defend a suit. " Opinions Attorney-General, 
vol. F, 145. 

(b). Public officers for whom pay is provided by statute, will Additional 
not be allowed compensation for extra work, unless this is specially compensation 
authorized by statute. 9 Neb., 85 ; X Central L. J. 299. 

(c) The prosecuting attorney is required to prosecute for in- Additional 
juries to timber on school lands. Section 1279, R. S. duties. 

SEC 3978 (a). In case the judges fail so to decide, the board Effect of fail- 
must appoint. * ****** This " lot" like *re to cast lots. 
all other matters required of the judges of elections, must be per- 
fected, their decision made, and the certificate of such action signed 
before the judges separate. "When such board has once dissolved, 



58 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions applying to all boards. 



Oath of mem- 
bers and other 
officers 



Org"ui'zatioii ; 
seleetiou of 
officers. 



Vacancies l: 
board, how 
filled. 



Of failure to 
sign poll-bo'-ks 
before separat- 
ing. 

Omissions a d 
mistakes mr.y 
be corrected. 



Sec. 3979. Each person elected or appointed a mem- 
ber of a board of education, or elected or appointed to any- 
other office under this title, shall, before entering upon the 
duties of his office, take an oath or affirmation to support 
the constitution of the United States and the constitution 
of the state of Ohio, and that he will perform faithfully the 
duties of his office; which oath or affirmation may be 
administered by the clerk or any member of the board. 
[71 v. 15, § 42.] 

Sec. 3980. Bach board of education shall organize by 
choosing one of its members president, and, except township 
boards, by choosing also a clerk, who may or may not 
be a member of the board; if at the organization of a 
township board the township clerk is absent, the board 
shall appoint one of its members clerk pro tempore; each 
board of education, however, as chosen under the provis- 
ions of section 3899, shall further, at its first regular meet- 
ing after its annual organization, choose or appoint an aud- 
itor, who shall not be a member of the board, and who shall 
receive such compensation and perform such duties as the 
board may provide for and determine; and such organiza- 
tion shall be effected on the third Monday of April of each 
year, except as otherwise provided in section thirty-nine 
hundred and fourteen. [70 v. 195, § 29; 70 v. 241, § 44; 
84 v. 212.] 

Sec. 3981. Vacancies in any board of education, 
arising from death, non-residence, resignation, expulsion for 
gross neglect of duty, failure of a person elected or 
appointed to qualify within ten days after the annual organ- 
ization or after his appointment, or from other cause, which 
occur more than fifteen days before the next annual election, 
the board shall fill within ten days from the occurrence of 
the vacancy, until the next annual election, when a succes- 
sor shall be elected to fill the unexpired term; provided 
such vacancy in township board may be filled at the next 

its officers are fundi officio, and can no longer perform official acts 
relating to the election, not even to the signing of returns." 21 O. 
S., 216. • 

But in case such judges fail to sign poll-books, tally-sheets 
[and certificates such as above referred to] to fill up blanks in a 
caption, or to carry out the aggregate of the votes, such omissions 
and mistakes may be corrected, on the trial of a contest, by parol 
evidence, and when so corrected, the documents sustained by parol 
proof, are competent evidence of the result of the election. 16 O. 
S., 184. 



SCHOOL OFFICERS' GUIDE. 59 

Provisions applying to all boards. Ch. 7. 

regular meeting as prescribed in section 3920. [70 v. 195, 
§ 43; 89 v. 93.] 

(b). In case of trustees, collectors, and the like, general reputa- what evid nee 
tion of their being such officers, and proof of their acting as such, is acteris'requ^ecl 
prima facie sufficient, without producing evidence of their election, "> certain casi s. 
especially where there is evidence of their acting under color oi 
election. 7 Wendell's Rep., 34*. 

(c). An individual coming into office by color of election or oi officers (re- 
appointment, is an officer de facto, and his acts in relation to the / "' / " 
public, or to third persons, are valid until he is removed, although 
it be, [in the end], conceded that his election or appointment w s 
illegal. 5 Wendell's Rep., 170. 

Sec. 3979 (a). But a person so elected may appear, before any Maybe tak- n 
person authorized by law to administer an oath, and may take his cersa^thoiized 
oath of office. This should be done in case the member elect is, for to acimini.-i^r 
any reason, unable to attend the meeting for organization. The 
certifi ate of the officer administering the oath should be sent to 
the board and copied in the records, to obviate all questions. For 
the same reason, a record should be made of the oath administered 
to each member. 

(b). Officers who have sworn to perform official duties may be Mandamus to 
compelled to perform them by writ of mandamus. This writ issues e '"'pel ulnars 
from the supreme, district, or common pleas court. R. S., section 
6742, as amended 1880. 

They also may be restrained from doing illegal acts under color injunction to 

of authority as officers, by writ of injunction. This writ issues from restrain them 

, . . from acting 

the supreme or common pleas court, or a judge of either ; or from 

the probate court, in case none of the above named judges are in 

the county. R. S., section 5573. 

(c). Bu 1, to boards of education is left large discretion as to the 
manner of performing their official duties, and courts will not inter- 
fere with this discretion. 2^ O. S., 211. 

(d). Officers required by law to exercise their judgments, are 
not answerable for mistakes of law or mere errors of judgment, 
where there is neither fraud nor malice. Jenkins v. Waldrou, 11 
Johnson's Rep., 114. 

(<?). An officer acting within the soope of his authority is only 
responsible for an injury result ng from a corrupt motive. 17 Ohio, 
402. 

(/). A public officer who is required by law to act in certain Not l'able for 
cases, according to his judgment or opinion, and subject to penal- \°^ e i "' s " 
ties for his neglect, is not liable to a party for an omission arising 
from a mistake or want of skill, if acting in good faith. Seamen v. 
Patten, 2d Cain's Rep., 312. 

{g). But an officer entrusted by the common law or by statute Liable for will- 
is liable to an action for negligence 'in the performance of his tru t, ful "eg 161 - 1 - 
or for fraud or neglect in the execution of his office. Jeuner v. 
Joliffe, 9 John Rep., 381. 

(h) . The performance of any act prohibited by statute, or any 
willful neglect of duty, and for which no penalty is provided by en- 
actment, is a misdemeanor. 



60 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions applying to all boards. 



Quorum : yeas 
'and nays lo be 
taken iu certain 
cases. 



Sec. 3982. A majority of the board of education shall 
constitute a quorum for the transaction of business; upon 
a motion to adopt a resolution authorizing the purchase or 
sale ot property, either real or persoual, or to employ a 
superintendent, teacher, janitor, or other employe, or to elect 
or appoint an officer, or to pay any debt or claim, or to 
adopt any text-book, the clerk of the board shall call, pub- 
licly, the roll of all the members composing the board, and 
enter on the record required to be kept the names of those 
voting "aye," and the names of those voting "no;" if a 
majority of all the members of the board vote "aye," the 
president shall declare the motion carried; and upon any 
motion or resolution any member of the board may demand 
the yeas and nays, and thereupon the clerk shall call the 
roll, and record the names of those voting "aye" and those 
voting "no." [71 v. 15, § 42.] 



When board 
m.iy organize. 



Number of 
votes required 
to appoint a 
member. 



How long mem- 
b r elected 
serve. 



Officer responsi- 
ble ill resigna- 
tion! accepted. 



SEC 3980 {a). For the number of votes necessary in the elec- 
tion of officers of the board, see section 3982. 

(b). If the board of education, for any reason, fails to organize 
on the day named in the law, they may organize on a subsequent 
day. For want of quorum a minority may adjourn from day to day. 
See note to section 3958. 

SEC 3981 (a). Temporary absence from home will not vacate 
an office; but if such absence creates embarrassment the holder 
ought to resign. 

(b). While the law gives ten days in which to fill a vacancy, it 
is evidently the intention that it should be filled at the earliest pos- 
sible date, and before the transaction of business by the board. 

(c). A person claiming to be a legal officer, and in possession, 
cannot be voted out by the board, but should be proceeded against 
by a writ of quo warranto. Section 6760, R. S. 

SEC 3982 {a). To elect an officer of the board requires a major- 
ity of all the members composing the board of education, by law, in 
the given district. See section 3982. But though a member holding 
an office may die, the election of a member to fill the vacancy is not 
the election of an officer. The election of the member, not being in 
the list of acts requiring such full majority vote, may be effected by 
a majority of a quorum. 

(b). An officer elected for three years continues for three years, 
and until his successor is elected and qualified. 23 Vermont, 416. 

(c). The officer, once qualified, continues in the responsibilities 
of his office until his successor is qualified. There can be no successor 
until after such qualification takes place. 22 Pick., 122; 4 Ky., 433. 

(d). An officer may resign, but he remains in his office subject 
to all the responsibilities, until his resignation is accepted. It is 
generally suppose'd that an office is held at the will of either party. 
It is held at the will of both. Resignations are so generally accepted 
that, with respect to lucrative offices, it has grown into a common 



SCHOOL OFFICERS' GUIDE. 



Gl 



Provisions applying to all boards. 



Ch. 7. 



Sec. 3983. If, at any meeting of the board, either the Absence of the 

prcsid nt or 

president or the clerk is absent, the members present shall cierk. 
choose one of their number to serve in his place pro tem- 
pore; and if both are absent, both places shall be so filled; 
but on the appearance of either at the meeting, after his 
place has been so filled, he shall immediately assume the 
duties of his office. [70 v. 195, § 31.] 



notion that to resign is a matter of right. But it is otherwise. The 
public has a right to the services of all citizens, and may demand 
them in all civil departments as well as in the military. Hoke v. 
Henderson, 4 Devereux, N. C, 1. 

(<?). The following case goes still further, holding a resigning 
officer to his responsibilities and duties until his successor is elected 
or appointed and qualified: 

" Tennessee constitution, article 7, section 5, provides that 
' every officer shall hold his office until his successor is elected or 
appointed and qualified.' Held, that, this applies to a resigning 
officer, who must continue in the discharge of his duties until his 
successor is elected or appointed and qualified ; that the officer 
remains under an obligation to obey a writ of mandamus notwith- 
standing his resignation, and is guilty of contempt if he fails to com- 
ply with the writ, and the obligation passes to his successor when 
qualified." Watts v. Lauderdale Co., 14 Central Law Journal, 210 U # 
S. Circuit Court, Dist. West Teun. 

(f). Acceptance by a corporation is, at common law, necessary 
to a consummation of the resignation, and, until acceptance by 
proper authority, the tender is revocable. The right to accept a 
resignation is a power incidental to every corporation, also to any 
power of appointment. Dillon on Municipal Corporations, 283. 

(g) . In case a board should really lose half or more of its mem- 
bers, the county commissioners must keep up the school. As they 
may do all that a board could do, they may appoint a new board, or 
members enough to proceed with the appointments to the comple- 
tion of a new board. 

(h). In all cases except those which are declared to require a 
majority of all the members composing the board, a majority of a 
quorum is sufficient to pass a measure, and the roll need not be called 
unless demanded by a member of the board. 

(t). No member of a board can delegate his power to act to 
another person, either a member of the board or otherwise. It is 
said that this is sometimes done. But acts depending on such dele- 
gated votes are void. For heavy penalty attached to such assump- 
tion of official duty, see R. S., section 6913. 

(J). Respecting the mode in which contracts by corporations 
shall be made, it is important to observe that when the moae of con- 
tracting is specially ana plainly prescribed and limited, that mode is 
exclusive, and must be pursued, or the contract will not bind the 
corporation ; but the courts have sometimes regarded provisions on 
this .subject as directory. Dillon on Municipal Corporations, 465. 



And until hii 
successor is 
qualified. 



If half or more 
of the members 
are disqualified, 
what ? 



A majority of a 
quorum, wheu 
sufficient. 



Power cannot 
be delegated. 



Manner of con- 
tracting. 



02 



OHIO SCHOOL LAWS. 



Ch. 



Provisions applying to all boards. 



Rtcord of pro- 
ceedings and 
httestation 
thereof. 



Sec. 3984. The clerk cf the board shall record the 
proceedings of each meeting, in a book to be provided by 
the board for that purpose, which shall be a public record; 
the record of proceedings at each meeting of the board shall 
be read at its next meeting, corrected if necessary, and ap- 
proved, and the approval shall be noted in the proceedings; 
and after such approval the president shall sign the record, 



Buying maps, 
etc., outside of 
board meetings. 



Contracts 
signed by mem- 
bers separate y 
not binding. 



Order on treas- 
urer n t nego- 
tiable. 



Vote required 
to resc.nd. 



(k). An agreement by members of a township board of educa- 
tion, acting in their individual capacity, to purchase from another 
person apparatus for the schools of the township, and to ratify such 
contract of purchase at the next meeting of the board, is contrary 
to public policy, and is, therefore, illegal and void, and not enforce- 
able, either against the board or members thereof as individuals. 
McCortle v. Bates, 29 O. S., 419. 

Boynton, J., also said: "Such defenses as would have been 
allowed, had the map vendor retained the claim and brought suit 
upon it himself, are now admissable against the plaintiff. Assuming, 
without deciding, that, by the understanding of the parties to the 
agreement, the defendents incurred personal liability, it was quite 
clear that there was no error in the action of the common pleas in 
sustaining.the demurrer and dismissing the petition. * * The 
state requires the clerk to record, in a book to be provided for that 
purpose, all the official proceedings. * * * Clothed w th such 
powers and charged with such duties and responsibilities, it will not 
be permitted to such boards of education to make any agreement 
among themselves, or with others, by which their public action is to 
be, or may be restrained or embarrassed, or its freedom in any wise 
affected or impaired. The public, for whom they act, have the right 
to their best judgment after free and full discussion and consultation 
among themselves of and upon the public matters entrusted to them, 
in the session provided for by statute. * * * The court will 
not enter on the inquiry whether such contract would, or would not, 
in a given case, be injurious in its consequences, if enforced. It be- 
ing against the public interest to enforce it, the law refuses to recog- 
nize its claim to validity." 

(/). A board of education is a body corporate, and the contract- 
ing of a debt by the board, and the directing the issuance of an or- 
der to pay it, are corporate acts which cannot be performed by the 
individual members of the board separately; and, therefore, a con- 
tract which was signed bv the members of the board separately, and 
delivered to the clerks, and which was afterward, at a subsequent 
meeting, repudiated by the board, was held. not to be binding upon 
either party. State v. Liberty Tp., 22 O. S., 144. 

(m). The order of the clerk on the treasurer is not negotiable, 
and the written acceptance of an order by a treasurer who has gone 
out of office imposes no greater obligation on the treasurer to pay 
than if it had been presented without such indorsement. lb. 

(«). To rescind action requiring such full majority of the board 
as this section calls for, or requiring a full two-thirds vote, of course 
requires a like vote. 



SCHOOL OFFICERS' GUIDE. 



(,3 



Provisions applying to all boards. 



Ch. 7. 



Boards to mnke 
rules and rt yti- 

lat ions for 
pupils, etc. 



tion to make 
and enforce 
ru es for vac- 
cination. 



and the clerk shall attest the same. [70 v. 195, § 29; 71 v. 
15, § 42.] 

Sec. 3985. The board of each district shall make such 
rules and regulations as it may deem expedient and neces- 
sary for its government, and the government of its appoint- 
ees and the pupils; and no meeting of a board of education illegal meet- 

inys. 

not provided for by its rules, or by law, shall be legal unless 
all the members thereof have been notified as provided in 
section thirty-nine hundred and twenty. [70 v. 195, § 54.] 

Sec. 3986. The board of each district may make and Board of educa 
enforce such rules and regulations to secure the vaccination 
cf, and to prevent the spread of small-pox among the pupils 
attending or eligible to attend the schools of the district, as 
in its own opinion the safety and interest of the public re- 
quire; and the boards of health and councils of municipal 
corporations, and the trustees of townships shall, on appli- 
cation of the board of education of the district, provide at 
the public expense, without delay, the means of vaccination 
to such pupils as are not provided therewith by their parents 
or guardians. [69 v. 22, § 1.] 

SEC. 3984 (a). A board of education can speak only through Board speaks 
its records, and these must accordingly be complete, showing just ° t "' record^* 1 
what the board did, and no more. A motion made by a member, 
seconded by another member, stated by the president, and voted on 
by the board, is business, and is to be recorded, though not a single 
member voted for it. Any vote upon it, as to refer, to postpone, or 
to lay upon the table, is action and should be recorded. If the board 
adjourn pending the consideration of the motion, the motion should 
be recorded. If the mover withdraws the motion, by consent of the 
board, by general consent it may also be omitted from the records. 

(6). The records of a special meeting should state by whom R PCOr <i s f 
the meeting was called, and the objects mentioned in the notice, as fr-eciai meet- 
the legality of the proceedings depends on the legality of the call 
and the conformity of the proceedings with the objects stated in the 
notice. 

(c). If a record is inadequately entered, parol evidence may, 
it seems, be admitted to show that action was taken which is not 
found on the records at all. The commissioner of schools of Rhode 
Island, decided under instruction of Judge Brayton, of the supreme 
court, that " imperfections in a clerk's record of a resolution does 
not render invalid a tax properly voted." Yet all these imperfections 
in the record lead to troublesome litigation, often to questions which 
only courts of law can decide, and in which their decision may be 
such as to defeat what was attempted to be done in the case. 

(d). School distri cts are repuired by law to keep an account 
ot their proceedings by a sworn clerk, and such proceedings can be 
proved only by the record, or a copy thereof duly authenticated. 38 
Maine, 164. 



Parol evidence 
as to records, 
etc. 



OHIO SCHOOL LAWS. 



Ch. 7. Provisions applying to all boards. 

■ower to amend (e). The power to amend the records exists with the clerk 

while he is in office, but not after his term expires, nor for any pur- 
pose other than to make them truthful and complete as to fact. 11 
Mass., 477 ; 17 Maine, 444. 

(/). Rrcords of quasi corporations are not considered of that 
absolute verity that parol testimony is inadmissible to show facts 
upon which the record is silent. 5 Ohio, 136. 

SEC. 3985 (a). A court may review the action of a board and 
pass upon the reasonableness of any of its rules, but if they have 
erred, while discharging their duty in good faith, they are not liable 
to action therefor. 32 Vermont, 224. 

(b). The act of the board of education and the teachers, in 
matters of organizing, grading, and governing the school, will be 
conclusive, unless the power is abused or perverted under some ap- 
parently reasonabl pretense. 23 Pick., 224; 2 Cushing, 198. 

(c). It is competent for boards of education to provide rules 
that pupils may be suspended from the schools in case they shall be 
absent or tardy, except for sickness or other unavoidable cause, a 
certain number of times within a fixed period. 31 la., 562. 

(d). " In the school-room the teacher has the exclusive control 
and supervision of his pupils, subject only to such regulations and 
' directions as may be prescribed or given by the school board." Bar- 
den, School Law, p. 79. 

" The conduct of the pupils upon anj^ part of the premises con- 
nected with the school-house or in the immediate vicinity of the 
same (the pupils being thus virtually under the care of the teacher), 
whether within the regular school hours or before or after them, is 
properly cognizable by the teacher. And any disturbance made by 
them within this range injuriously affecting in any way the interests 
of the school, may clearly be the subject of reproof and correciion 
by the teacher." Idem. 
The right to (e). Hathaway M.Rice, 19, Vt. 108. "The right -of a school- 

puiiishtnent. master to correct his scholars has always been practically and judi- 
cially sanctioned, but the chastisement must not exceed the limits 
of moderate correction ; and though courts are bound, with a view 
to the maintenance of necessary order and decorum in schools, to 
look with all reasonable indulgence upon the exercise of this right, 
yet, whenever the correction shall appear to have been clearly 
excessive and cruel, it must be adjudged illegal." 

Cooper v, Mcjunkin, 4 Ind. 290. " A teacher, in the exercise of 
the power of corporal punishment, must not make such power a 
pretext for cruelty and oppression ; but the cause must be sufficiei.t> 
the instrument suitable, and the manner and extent of the correction, 
the part of the person to which it is applied, and the temper in 
which it is inflicted, should be distinguished with the kindness, 
prudence, and propriety which become the station." 

"Reeves' Domestic Relations" page 534: "The school-master 
has a right to give moderate corporal correction to his pupils for 
disobedience to his lawful commands, negligence, or for insolent 
conduct. A school-master, in his own right, and not by delegation, 
possesses this power." 



SCHOOL OFFICERS' GUIDE. 65 

Provisions applying to all boards. Ch. 7. 

State x. Pender grass, 2 Devereaux & Battles, 365 : "The law con- 
fides to school-masters and teachers a discretionary power in the 
infliction of corporal punishment upon their pupils, and will not 
hold them responsible criminally, unless the punishment be such as 
to occasion permanent injury to the child, or be inflicted merely to 
gratify their own evil passions." In passing this topic, the language 
of Judge Gaston seems peculiarly appropriate: "It is not easy to 
state with precision the power which the law grants the school-mas- 
ters and teachers, with respect to the correction of their pupils. It 
i-s analogous to that which belongs to parents, and the authority of 
the teacher is regarded as a delegation of parental authority. One 
of the most sacred duties of parents is to raise up and qualify their 
children for becoming useful and virtuous members of society ; this 
duty cannot be effectually performed without the ability to command 
obedience, to control stubbornness, to quicken diligence, and to re- 
form bad habits ; and to enable him to exercise their salutary sway, 
he is armed with the power to administer moderate correction, when 
he shall believe it to be just and necessary." 

A school-master is not relieved from liability in damages for the if excessive. 
punishment of a scholar which is clearly excessive and unnecessary 
by the fact that he acted in good faith and without malice, honestly 
thinking that the punishment was necessary, both for the discipline 
of the school and the welfare of the scholar. 

If there is any reasonable doubt whether the punishment was 
excessive, the teacher should have the benefit of the doubt. Lander 
v. Seaver, 32 Vt. R. 123 ; Wharton's American Crim. Law, 1259, and 
1 Sanders on PI. and Ev., 144. 

Whether under the facts the punishment is excessive, must be 
left to the jury to decide. Commonwealth of Massachusetts v. Ran- 
dall, 4 Gray, 38. 

In the case of Martin Quinn v. Mary D. Nolan, a suit tried in' 
the Superior Court of Cincinnati, Judge Harmon, in charging the 
jury, used the following language : 

" If the jury should find the defendant did not, in view of all Responsible 
the circumstances, inflict a greater degree of punishment upon the ancfordinarv rS ' 
plaintiff's son than she was fairly entitled to do, and was proper, of consequences, 
course they must find for defendant. But, if they should find she 
did go beyond that, then it would be necessary to go further and in- 
quire into the damages that should be allowed. The law holds a per- 
son responsible only for the natural and ordinary consequences of 
his acts, these consequences which the law presumes he might or 
should have forseen at the time he committed the act. Therefore, it 
might make a difference in the amount of their finding if it should 
appear that the child was afflicted with or predisposed to certain dis- 
eases, and the defendant had no notice thereof from his parents, the 
boy himself, his appearance, or otherwise. If the defendant, from 
the knowledge she had of the boy and his appearance, would be jus- 
tified in supposing him to be like other boys of his age, and inflicted 
only a proper punishment, then she would not be liable at all, even 
though unfortunately some hidden defect in the boy's constitution 
should cause injury to his health to follow. Or, if they should find for 
the plaintiff, this fact of ignorance on her part would prevent her from 
being liable for anv consequence arising from such weakness or predis- 
5 



66 OHIO SCHOOL LAWS. 



Ch 7. Provisions applying to all boards. 

position in the boy, of which she was ignorant in facts and of which 
his appearance furnished no warning. It is the duty of parents who 
send their children to school, whose health or disposition would 
render the punishment permitted by the rules of the school danger- 
ous or improper, to see the teacher is informed of the fact." 
Must be express The parent may be said to exercise a judicial authority in deter- 

Lrfminal° mining what punishment by himself, is proper for his child, but is 

liable, criminaly, in a clear case of excess. Johnson v. Stat", 2 
Hump., 283. The teacher also acts judicially in such a case, and is 
not to be made liable, civilly or criminally, unless he acted with ex- 
press malice, or was guilty of such excess that malice must be im- 
plied. State v. Pender grass, 2 Dev. and Bat. 365. Cooper v. Mcjun- 
kin, 4 Ind. R. 290. 

After citing all of these cases, except the first, Judge Coo!ey 
appends this note : 

" It may be proper to observe, however, that the public senti- 
ment does not now tolerate such corporal punishment of pupils in 
schools as was formerly thought permissible and even necessary." 
1 Cooley's Blackstone, 453. 

Justice Tillinghast, of the Supreme Court of Rhode Island, 
speaks of the authority of a teacher to take notice of a pupil's con- 
duct when out of school, or after school is dismissed as follows : 
offenses coin- "Upon this point there is some difference of opinion in the 

school* OUt ° f community, but the law seems to be well settled, and is this — that 
for such misbehavior out of school as has a direct and immediate 
tendency to injure the school, to subvert the master's authority, and 
to beget disorder and insubordination, the teacher may inflict cor- 
poral punishment. 'It is not misbehavior generally,' says Aldis, J., 'or 
towards other persons, or even towards the master in matters in no 
ways connected with or affecting the school. For as to such matters, 
committed by the child after his return home from school, the 
parents and they alone, have the power of punishment.' But where 
the offense has a direct and immediate tendency to injure the school 
and bring the teacher's authority into contempt, as in this case, when 
done in the presence of other scholars and of the teacher, and with a 
design to insult her, she has the right to punish the scholar for such 
acts, if he comes again to school. 

" 'The misbehavior,' says the same Judge, ' must not have merely 
a remote and indirect tendency to injure the school. Allimproper 
conduct and language may, perhaps, have, by influence and example, 
a remote tendency of that kind. But the tendency of the acts so 
done out of the teacher's supervision, for which he may punish, 
must be direct and immediate in their bearing upon the welfare of 
the school, or the authority of the teacher and the respect due him.' 
"Cases may readily be supposed which lie very near the line, 
and it will often be difficult to distinguish between the acts which 
have such immediate, and those which have such a remote, tend- 
ency. Hence, each case must be determined by its peculiar circum- 
stances. 
Acts to injure "Acts done to deface or injure the school-room, to destroy the 

ert' v e aCC piop books of scholars, or the books or apparatus for instruction, or the 
instruments of punishment of the master; language used to other 



SCHOOL OFFICERS' GUIDE. 



87 



School-houses and Libraries. 



Ch. 8. 



CHAPTER 8. 



SCHOOL-HOUSES AND LIBRARIES. 



Sf.ction 

3987. Boards to provide school- 

houses. 

3988. Direction for bidding and for 

letting contracts. 

89S9. Erection of school-houses in 

joint sub-districts. 

8990. When board may appropriate 

property. 

8991. When and how question of 

tax levy submitted to 
voters. 

3992. If levy approved, board to cer- 
tify it to auditor. 

399S. How the levy may be antici- 
pated. 

3994. Issue of bonds by boards of 

city districts of first class. 

3995. Certain boards may appropri- 

ate money for library, etc. 
899S. Levy for library in cities. 



Section 

3997. How library tax to be ex- 

pended. 

3998. Board may appoint librarian, 

etc. 
8999. In certain cities may appoint 
managers of library. 

4000. Board of Cleveland to appoint 

library committee. 

4001. Powers and duties of such 

committee. 

4002. How library tax to be ex- 

pended. 

4003. Consolidation of libraries in 

Portsmouth authorized. 

4004. Board of Portsmouth to ap- 

point library committee. 

4005. Powers and duties of such 

committees. 
40015. How such library maintained 
and managed. 



SCHOOL-HOUSES. 

Sec. 3987. The board of education of any district is 
empowered to build, enlarge, repair and furnish the neces- 
sary school-houses, purchase or lease sites therefor, or rights 

scholars to stir up disorder and insubordination, or to heap odium 
and disgrace upon the master; writings and pictures placed so as to 
suggest evil and corrupt language, images and thoughts to the youth 
who must frequent the school , all such or similar acts tend directly 
to impair the usefulness of the school, the welfare of the scholars, 
and the authority of the master. By common consent, and by the 
universal custom in our New England schools, the master has always 
been deemed to have the right to punish such offenses. 

"Such power is essential to the preservation of order, decency, 
decorum, and good government in schools." 

If the effects of acts done out of school-houses reach within the 
school-room during school hours, and are detrimental to good order 
and the best interests of the pupils, it is evident that such acts ^ay 
be forbidden. Bur dick and Chandler v. Babcock et at-., 31 Iowa, 562. 

Though a sehool-master has, in general, no right to punish a 
pupil for misconduct committed after the dismissal of school for the 
day and the return of the pupil to his home, yet he may on the pu- 
pii's return to school, punish him for any misbehavior, though com- 
mitted out of school, which has a direct or immediate tendency to 
injure the school and to subvert the master's authority. 32 Vermont, 
114. 

In general, the courts of the Eastern States — notab'y, the Su- 
preme Court of Vermont — in their decisions sustain the authority 
of the teacher and the doctrine that he stands in loco parentis much 
more fully than do the Western courts. 



Boards to pro- 
vide school 
houses. 



68 



OHIO SCHOOL LAWS. 



Cli. 8. 



School-houses and Libraries. 



Board may open 
sell* ol-hoiisc tor 
certain pin - 



of way thereto, or rent suitable school-rooms, provide all 
the necessary apparatus and make all other necessary pro- 
visions for the schools under its control; also, the board 
shall provide fuel for schools, build and keep in good re- 
pair all fences inclosing such school-houses, plant when 
deemed desirable shade and ornamental trees on the school- 
grounds, and make all other provisions necessary for the 
convenience and prosperity of the schools within the sub- 
district. [70 v. 195, § 55; 82 v. 286; 83 v. 84; 89 v. 93. 

Sec. 3987 (1). That when in the judgment of any 
board of education it will be for the advantage of the chil- 
dren residing in any school district to hold literary societies, 
school exhibitions, singing schools, religious exercises, se- 
lect or normal schools, the board of education shall author- 
ize the opening of such school-houses for the purposes 
aforesaid; provided, however, that nothing herein contained 
shall be construed to authorize any board of education to 
rent or lease any school-house when such rental or lease 
will in any wise interfere with the public schools in any 
such district, or for any purpose other than such as is au- 
thorized by this act. [86 v. 11 ; 89 v. 147.] 

Sec. 3988. When a board of education determines to 
build, repair, enlarge, or furnish a school-house or school- 



Directions f 

bidding, and 
letting con- 
tacts. 

Safety of buil 
nigs— of egr. 



Str-itute refe'r- 
: ing to care o 
bn i idiii'j"-.. 



ITs ■ of school 
houses i or 

jui : poses. 



Skc. 3987 (a). The law requires, under severe penalties to be 
visited on those who have control thereof, that "all school-houses 
are to have ample means of convenient egress, and doors opening 
outward." For requirements as to certificates regarding the safety 
of such buildings, and the penalties relating to neglect, see Revised 
Statutes, sections 2568, 2572, and 7010 (amended 1883). 

(d). As to any building otherwise "in a condition dangerous to 
life or health," see Revised Statutes, sections 2128 and 2406. 

{c). Concerning the full power of boards of education, teach- 
ers, or other citizens, to secure protection against the injury or de- 
facement of "school-houses, school-yards, trees, fences, gates and 
bars," see Revised Statutes, section 6863, also sections 6877 and 6896, 
as quoted under section 3972.. Any citizen may prosecute the trans- 
gressor in these cases. School-houses, school furniture, and other 
school property belonging to the township, and not to the sub- 
district, are entirely under the legal control of the township board. 

W). It is the duty of the township board of education to ex- 
her ercise such supervision over the school-houses in the several sub- 
districts, as may be necessary to prevent their being used in such a 
manner and for such purposes as may interfere with their use, for 
the legitimate and special purposes for which they were erected. 

(<?). If a board refuses to appropriate sufficient funds to bui'd 
a good school-house, the directors may appeal to the county com- 
missioners. 



SCHOOL OFFICERS' GUIDE. W 



School-houses and Libraries. C h. 8. 

houses, or make any improvement or repair provided for in 
this chapter, the cost of which will exceed, in city districts 
of the first and second class, fifteen hundred dollars, and in 
other districts five hundred dollars, except in cases of urgent 
necessity, or for the security and protection of school prop- 
erty, it shall proceed as follows: 

1. The board shall advertise for bids, for the period of 
four weeks, in some newspaper of general circulation in the 
district, and two such newspapers, if there are so many; and 
if no newspaper has a general circulation therein, then by 
posting such advertisements in three public places therem, 
which advertisements shall be entered in full by the clerk, 
on the record of the proceedings of the board. 

2. The bids, duly sealed up, shall be filed with the 
clerk by twelve o'clock, noon, of the last day stated in the 
advertisement. 

3. The bids shall be opened at the next meeting of 
the board, be publicly read by the clerk, and entered in full 
on the records of the board. 

4. Each bid shall contain the name of every person 
interested in the same, and shall be accompanied by a suf- 
ficient guarantee of some disinterested person, that if the 
bid be accepted, a contract will be entered into, and the per- 
formance of it properly secured. 

5. When both labor and materials are embraced in 
the work bid for, each must be separately stated in the bid, 
with the price thereof. 

6. None but the lowest responsible bid shall be ac- 
cepted; but the board may, in its discretion, reject all the 
bids, or accept any bid for both labor and material which is 
the lowest in the aggregate for such improvement or repair. 

Sec 39S8 (a). Clause 4, of Revised Statutes, which provides 
that aboard of education engaged in the erection of a school build- 
ing, "may, in its discretion, reject all the bids," does not authorize 
the acceptance of any "but the lowest responsible bid." 42 O. S., 374. 

(£). "By the proviso to the 55-th section of the school law [sec. 
3988, R. S.], township boards of education are required, when the 
cost of building a school-house or other improvement exceeds five 
hundred dollars, to advertise, and let the same to the lowest re- 
sponsible bidder, unless in case of urgent necessity, or for the 
security and protection of school property. This is a duty imposed 
on the board in its corporate capacity, and cannot be delegated to 
the local directors of the sub-district in which the school-house or 
other improvement is to be made. 88 O. S., 383. 

(c). When the school-house is to cost $10,000 or over, see sec- House to cost 
tioa 794, Revised Statutes. SiQ.wo. 



70 



OHIO SCHOOL LAWS. 



Ch. 8. 



School-houses and Libraries. 



7. Any part of a bid which is lower than the same part 
of any other bid, shall be accepted, whether the residue of 
the bid is higher or not; and if it is higher, such residue 
shall be rejected. 

8. The contract shall be between the board of educa- 
tion and the bidders; and the board shall pay the contract 
price for the work, when it is completed, in cash, and may 
pay monthly estimates as the work progresses. 

9. When two or more bids are equal, in the whole, or 
in any part thereof, and are lower than any others, either 
may be accepted, but in no case shall the work be divided 
between the makers thereof. 

10. When there is reason to believe that there is any 
collusion or combination among the bidders, or any number 
of them, the bids of those concerned therein shall be re- 
jected. [70 v. 195, § 55.] 

Sec. 3989. When it becomes [necessary] to rebuild the 
school-house of a joint subdistrict, or for the better accomo- 
dation of scholars, to change the school-house site and erect 
a new building thereon, the question of such rebuilding, or 
of such change of site and erection of a new building, shall 
be determined by a majority vote of the township board of 
education in which the school-house is situate, and in such 
manner as to secure the better accommodation of a majority 
of scholars in the same; any funds which may be or have 
been assessed and collected for the building of such school- 
house shall be transferred to the custody of the board of 
education of the township in which the new building is to 
be erected, which board shall proceed in all matters COn- 



Krection of 
school-houses 
in joint s,ut>- 
districts. 



When unau 
thorized ex- 
penditures 

We ratified. 

When not. 



!• xceedui.s: 
i hority a- i 
cost ofbuiN 



may 



(d). Unauthorized expenditures, not ultra vires, deemed bene- 
ficial, may be ratified, and in such case this ratification is equivalent 
to previous authority. 8 Fost. N. H., 65 ; 32 N. H., 118. But the sub- 
sequent use, in the school, of materials unlawfully contracted for, 
does not amount to such a ratification as will bind the district. ti7 
Mo., 319. 

(e). Ratifications of the acts of a committee in building upon 
the land of a district a more expensive house than they were author- 
ized to do by vote of the corporation, cannot be inferred from the 
mere fact that the school is kept in for a few weeks, there being no 
evidence that the corporation had knowledge of the over-expendi- 
ture, or had taken any action on the subject. Dillon on Municipal 
Corporations, 480. It is evident from the above that in order to 
bind their principals the agents must describe themselves as agents 
of such principals, and their business must be of the kind to which 
the duties and powers of the principal pertain, and must not be acts 
prohibited as either criminal or against public policy. 



SCHOOL OFFICERS' GUIDE. 71 

School-houses and Libraries. Ch. 8. 

nected with the erection of the building in accordance with 
the provisions of this chapter; and if the location is changed 
to another township, the personal property belonging to 
such subdistrict shall be transferred to the board of educa- 
tion of such township; and any real property belonging 
thereto, and situated in the township from which the loca- 
tion is changed, shall be sold by the board of education of 
such township, and the proceeds of the sale transferred to 
the board of education of the township, to which the loca- 
tion is changed. [72 v. 63, § 36; 89 v. 93.] 

Sec. 3990. When it is necessary to procure or enlarge when board* 
a school-house site, and the board of education and the !ac^roperty r ' 
owner of the proposed site or addition are unable, from an}' 
cause, to agree upon the sale and purchase thereof, the 
board shall make an accurate plat and description of the 
parcel of land which it desires for such purpose, and file the 
same with the probate judge of the proper county; and 
thereupon the same proceedings of appropriation shall be 
had which are provided for the appropriation of private 
property b} 7 municipal corporations. [70 v. 195, § 65.] 

Sec 3991. When the board of education of any dis- when and how 
trict, except a chy district of the first class, determines that tax-levy sub- 
it is necessary, for the proper accommodation of the schools voters. 
of such district, to purchase a site or sites, and erect a 
school- house or school-houses thereon, or to do either, and 

SEC. 3990 (a). Section 2232 et seq., of the Revised Statutes 
refer to this subject. 

(b). Before building on such property, it is best to complete Proceedings to 
the proceedings before the court or courts, if an appeal is taken, and |j e completed 
to wait until the time for appeal has elapsed, as such appeal may be of building, 
taken and may reverse the proceedings below. 

(c). The power to comdemn private property to public uses power to con- 
against the will of the owner is a stringent one, based on public ', !era ° strict. y 
necessity or urgent public policy, the rule requiring the power to 
be strictly construed, and the prescribed mode for its exercise 
strictly followed, is a just one, and should, within all reasonable 
limits, be inflexibly adhered to. Dillon on Mun. Corp., 569. 

{d). The owner is entitled to full payment of the damages owner, when 

assessed, before his title is extinguished or his control of the prem- entitled to 

° r damages. 

ises ceases. In any case of voluntary dedication or of involuntary 
surrender of property to a public use, the property reverts to the reverts, 
owner, when the use entirely ceases. 

[e). In case premises have been dedicated to a special use, there Dedication to 
is no power to alienate such premises without the consent of the de- ^P' c,al use - 
dicator or his representatives, even though the lots, by reason of a 
railway or depot near by, have been rendered unsuitable for such 
use, or even dangerous. 18 Ohio, 221. 



72 



OHIO SCHOOL LAWS. 



Ch. 8. 



School-houses and Libraries. 



If levy approv- 
ed, board to cer- 
tify it to au- 
ditor. 



ascertains that the purchase of such site or sites, and the 
erection and furnishing of such school-house or school- 
houses, or either, will require a greater tax upon the prop- 
erty of such district than the board is authorized by this 
title to levy, and that to provide the means therefor it will 
be necessary to issue bonds, it shall make an estimate of 
the probable cost of such site or sites, and such school-house 
or school-houses, or of either, and at a general election, or 
a special election called for that purpose, shall submit to 
the electors of the district the question of levying taxes for 
such purposes, or either of them, and the further questions 
whether the levy shall be made from year to year thereafter, 
and what amount shall be levied each year until the actual 
cost of such site or sites, and the erection of such school- 
house or school-houses, or either is raised; and ten days' 
notice of such submission shall be given by the board, by 
posters put up in five of the most public places in the dis- 
trict, which shall state the time, place, and object of the 
election. [70 v. 241, § 61.] 

Sec. 3992. If a majority of the electors at such elec- 
tion vote in favor of levying taxes for such purposes, or 
either of them, of continuing the levy from year to year 
thereafter, and for the amount to be levied each year, the 
board shall certify the levy annually to the county auditor, 
who shall place the same upon the tax duplicate in the same 
manner that other taxes certified by such board are required 
to be placed thereon ; and when the district is divided by a 
county line, the levy shall be certified, collected, and paid 



Record of pro- 
cce inigs to 
is-ue bonds. 



Notice must 
contain matter 
to be acted on 



SEC. 3991 (a). It cannot be too often repeated that a board of 
education speaks only through its records. Its acts, findings, and 
determinations are only known by its records. Hence, although the 
words of the statute may not clearly settle the question, yet it is 
saiest to assume that this determination is to be an official determina- 
tion. Purchasers of bonds are likely to scrutinize such matters 
closely, and they will question whether the board acquires jurisdic- 
tion to take steps for raising a tax unless it first officially "ascer- 
tains" and "determines" all the preliminary facts mentioned in the 
statute, and makes a record of such finding. 

(b). When the statute requires that notice shall be given of 
the matter to be acted on, a failure to insert such matter will render 
void any act done with respect to the matter not so embraced as 
required. 18 Maine, 184; 12 Cushiug, 294. It is presumed that the 
people of a district know the days appointed by law for the ordinary 
affairs of the district, yet if it is intended to proceed to any other 
act ot importance a notice is necessary, the same as at any other 
time. Dillon on Mun. Corp., 319. 



SCHOOL OFFICERS' GUIDJ\. 



School-housas and Libraries. Ch. 8. 

in the maimer provided in sections thirty-nine hundred and 
sixty-one and thirty-nine hundred and sixty-two^ in the case 
of levies for joint sub-districts. [70 v. 195, § 62.] 

Sec. 8993. To enable such board to anticipate the n >«• u,,- vv V 

in v he anlici- 

money to be raised it may borrow the sum of money neces- i • i. 
sary, not exceeding the amount so authorized to be levied, 
and issue bonds therefor, payable as indicated by the vote 
provided for in section thirty-nine hundred and ninty-one, 
after a certain day to be named therein, and bearing interest 
payable semi-annualfy, at a rate specified therein, not ex- 
ceeding six per centum per annum; the bonds shall be in 
such sums as the board may determine, be numbered con- 
secutively, made payable to the bearer, bear date, the day of 
sale, and be signed by the board officially; the clerk of the 
board shall keep a record of the number, date, amount, and 
rate of interest of each bond sold, the sum for which and 
the name of the person to whom sold, and the time when 
payable, which record shall be open to the inspection of the 
public at all reasonable times, and the bonds so issued shall 
in no case be sold for a less sum than their par value, nor 
bear interest until the purchase money for the same shall 
have been paid by the purchaser. [70 v. 195, § 63.] 

Sec. 3994. The board of education of any city dis- issue of bonds 
trict of the first class, except a district embracing a city of cfty districts of 
the first grade of the first class, may issue bonds to obtain 
or improve public school property, and in anticipation of 
income from taxes for such purposes, levied or to be levied,, 



first class. 



SEC 3993 (a). Boards of education are not authorized to raise Mode of raising 
money on notes or bonds except as provided for by statute. funds. 

(b). Bonds signed by the president and clerk, of the board are official signa- 
ofEcially signed. tures. 

(c). When specific power is given by the legislature authoriz- 
ing a board of education to issue negotiable bonds for school pur- 
poses upon certain conditions prescribed, the regularity of proceed- 
ings of the board cannot be disputed, where the bonds, upon their 
face, purport to have been issued under the law in question, and 
where they have been sold by the board and afterward passed into 
the hands of a bona fide holder. 

Mandamus is the proper remedy to compel the board to appro- injunction 
priate moneys already in their treasury for that purpose, toward the *f&* issues"' 
payment of such bonds, and to levy such tax as may be necessary to 
complete such payment. 27 O. S., 96. 

SEC 3994. An injunction would lie Against a board of educa- Establishment 
tiou which sought to issue bonds in excess of this authoritj', but of libraries. 
only as to such excess, and not to the whole. 47 Mich., 226; 43 
Iowa, 48. 



74 



OHIO SCHOOL LAWS. 



Ch. 8. 



School-houses and Libraries. 



may, from time to time, as occasion requires, issue and sell 
bonds, under the restrictions and bearing a rate of interest 
specified in the preceding section, and pay such bonds and 
interest thereon when due, but shall so provide that no 
greater amount of such bonds shall be issued in any year 
than would equal the aggregate of a tax at the rate of two 
mills, for the year next preceding such issue; but the order 
to issue such bonds shall be made only at a regular meeting 
of the board, and by a vote of a majority of all the mem- 
bers thereof, taken by yeas and nays, and entered on the 
journal of the board. [75 v. 526, § 56.] 



Certain boards 
may appropri- 
ate money for 
library, etc. 



What is appar- 
atus. 



LIBRARIES. 

SEC. 3995. In any district the board of education may 
appropriate money from the contingent fund for the pur- 
chase of such books, other than school books, as it may deem 
suitable for the use and improvement of the scholars and 
teachers of the district, and in the purchase of philosophi- 
cal or other apparatus for the demonstration of such 
branches of education as may be taught in the schools of 
the district, or for either of such purposes; but not more 
than one-half of the amount herein authorized to be appro- 
priated shall be expended in the purchase of such apparatus; 
such appropriations shall not exceed, in any one year, twelve 
hundred dollars in city districts containing cities of the first 
grade of the first class, three hundred dollars in other city 
districts of the first class, one hundred and fifty dollars in 
city districts of the second class, and seventy-five dollars in 
other districts; and the books so purchased shall constitute 
a school library, the control and management of which shall 
be vested in the board of education. The board of education 
of any city of the second class, fourth grade, having a free 
public library organized, in pursuance of law, may allow 
such free public library association the use and control of 
the public school library, suject, however, to such rules reg- 
ulations, and restrictions as said board of education may 
prescribe for the use and control thereof. [72 v. 29, § 51; 
78 v. 110.] 

Sec. 3995 (a). For the establishment of a public library by 
township trustees, see R. Sf, sees. 1476-1478. For powers of city and 
village councils, see section 1692, R. S. 

(6). The question sometimes arises as to what is apparatus. 
It is not customary tc regard maps and charts as such. These, like 
clocks, desks, black-boards and black-board furniture, would be 



SCHOOL OFFICERS' GUIDE. 75 

School-houses and Libraries. Ch. 8. 

Section 1. Be it enacted by the General Assembly of 
the State of Ohio, That the boards of education of city, vil- 
lage, township and special school districts in the state be 
and are hereby authorized to purchase for each school in 
either of said districts one copy of "Howe's Historical Col- 
lections of Ohio," to be used as a reference book in the 
study of the history of the State; provided, that said book 
shall be in quality, style, binding and finish, equal to the 
present published edition of said work, bound in half 
Russia leather, and shall cost not to exceed three dollars 
per volume for each set of the three volumes; provided, 
further, that the price of the books and cost of transporta- 
tion shall be paid out of the contingent fund of such dis- 
trict. 

Sec. 2. Said books during the vacation of schools, or 
when the schools are not in session, shall be taken care 
of in the same manner that maps, globes, dictionaries and 
and other school apparatus are cared for and preserved. 

Sec. 3. This act shall take effect and be in force from 
and after its passage. 

Passed April 8, 1892. 

Sec. 3996. For the purpose of increasing and main- Levy for library 
taining the school library of city districts, the board of edu- 
cation ma}' levy annually a tax of one-tenth of one mill o:i 
the dollar valuation of the taxable property thereof, to be 
assessed, collected, and paid in the same manner as are 
other school taxes of such districts. [64 v. 62, § 1.] 

Sec. 3997. The amount of such tax, when collected, how library 
shall be expended, under the direction of the board, for the P e*,ded. c 

classed among the essentials for furnishing a school, and they may 
probably be purchased under section 3987, as provisions necessary 
for the convenience and prosperity of the schools. 

(c). Boards of education may purchase "school or reading 
charts" for use in schools of their respective districts, and are not 
limited to the amount authorized to be expended by the provisions 
of section 3995, R. S. 2 O. Circuit Rep., 363. 

[d). Under the statute providing for instruction as to .the na- 
ture of alcoholic drinks and narcotics, and their effects on the hu- 
man system, in connection with the subject of physiology and 
hygiene, in all grades of the schools, and which makes it the duties 
of boards of education to make provision for such instruction, it 
seems a reasonable construction of the act that such boards are au- 
thorized to purchase such anatomical studies and charts as they may 
deem necessary to give this instruction successfully without regard 
to' limitations as to the amount to be expended, set forth in this 
section 3995. 



76 OHIO SCHOOL, LAWS. 



Ch. 8. School- houses and Libraries. 

purchase of such books as are suitable for public school 
libraries, the bills for which, with the attendant expenses, 
shall be certified by the president and clerk, and paid by 
the treasurer of the school funds. [64 v. 62, § 2.] 
Board may ap- Sec. 3998. The board may appoint a librarian, fix his 

pi.int librarian, x ■*• 

etc. compensation, and make all needful rules and regulations 

for the management of the library, to which every family 
resident in such city districts shall have access. [64 v. 62 
S3.] 

in certain cities Sec. 3999. In cities not having less than twenty 

board may ap- ° 

point managers thousand inhabitants, the board of education having cus- 

ot library. ' ° 

tody of any public library therein may, at any regular meet- 
ing, adopt a resolution providing for a board of managers 
of such library, and shall thereupon elect, by ballot, two 
persons to serve as members of such board for a term 
of three years, two persons to serve for a term of one year; 
and annually thereafter two persons shall be elected to serve 
for a term of three years; all vacancies in such board shall 
be filled by the board of education by ballot, and a person 
so elected shall serve during the unexpired term of his pre- 
decessor; the president of the board of education shall be 
a member of the board of managers ex-officio; and the 
board of managers shall at all times be amenable to and un- 
der the control of the board of education, as to tenure of 
office and authority, and shall serve without compensation. 
[64 v. 100 § 1.] 
Cleveland pub- Sec. 4000. The public librarv board of the city of 

lie library * 

board. Cleveland shall consist of seven suitable persons, residents 

of said city, no one being a member or officer of the board 
of education. The members of the library board shall 
serve without compensation, and hold their offices for three 
years, and until their successors shall have been elected and 
qualified, except that at the first election two of the board 
shall - be elected for one year, two for two years, and three 
for three years. After said first election so many shall be 
elected each year as equals the number whose term expires 
that year. They shall be elected by roll-call as in other 
cases, by the board of education of the city of Cleveland, 
at its first regular meeting after the third Monday of April, 
1886, and annually thereafter as hereinbefore provided. 
The board of education shall have power at any time to fill 
vacancies in the library board for unexpired terms by elec- 
tion as aforesaid. [75 v. 101, § 1; 80 v. 172; 83 v. 104.] 



SCHOOL OFFICERS* GUIDE. 77 

School-houses and Libraries. Ch. 8. 

Sec. 4001. Such library board shall report in writing Powers and du- 
to the board of education once each year, and oftener if re- board, 
quired by the latter, shall have exclusive charge and control 
of the public library of the city, and shall have full power to 
make all rules and regulations for the government and man- 
agement thereof; to employ a librarian and such assistants 
and helps as may be needed for the care and protection 
of the librar)', and to attend to the drawing and return 
of books; but prior to such employment the compensation 
of such librarian, assistants and help, shall be fixed by the 
libraiy board, by a majority of the members thereof vot- 
ing in favor of such compensation, on roll-call by the secre- 
tary, and such librarian, assistants and help shall be em- 
ployed by a vote in the same manner. [76 v. 50, § 2; 78 v. 
132 ; 80 v. 172.] 

Sec. 4002. For the purpose of increasing and main- Library tax. and 

. . , .,.-., . . , , , . how expended. 

taming the public library m said city, and the territory 
thereto attached for school purposes, such library board mav 
levy annually a tax of two and one-half tenths of one mill 
on each dollar valuation of the taxable property of the city, 
and the territory thereto attached for school purposes, to be 
levied, collected and paid in the same manner as are the 
school taxes of the city; all moneys appropriated, received 
of collected by tax for the library, shall be expended under 
the direction of the librae board in purchasing such books, 
pamphlets, papers, magazines, periodicals, journals and 
other property as may be deemed suitable for the public 
library, and in payment of all other charges and expenses, 
including compensation to the librarian, assistants and help, 
that may be incurred in increasing and maintaining the 
library; and the pay-rolls and all warrants upon the treas- 
urer given to pay such expenditures, upon the order of the 
libraiy board, be certified by the president and secretary of 
such board, and paid by the treasurer of the city from such 
library fund. [76 v. 50, § 3; 80 v. 173.] 

Sec. 4003. In all cities which at the last federal cen- consolidation of 

ii 1 r i i i libraries in 

sus had, or at any subsequent iederal census may have, a Portsmouth 
population of ten thousand five hundred and ninety-two, it 
shall be lawful to merge any public library therein hereto- 
fore established with any other library or reading room 
therein existing; but the library formed by such consolida- 
tion shall be kept open for the use of the public at all 
reasonable hours. [75 r. 541, § 1; 76 v. 27, § 1.] 



authorized. 



78 



OHIO SCHOOL LAWS. 



Ch. 8. 



School-houses and Libraries. 



Hoard of Ports- 
mouth to ap- 
point library 
committee. 



Powers and 
dutes of suck 
committee. 



Powers and du- 
nes of library 
.oramiitees in 
Portsmouth. 



Sec. 4004. The board of education of every such city 
shall, at its first regular meeting after the second Monday 
in June, 1879, elect by ballot three suitable persons, resi- 
dents of the city, but other than members of such board, 
who shall be known as the library committee of the city, 
one to serve for one year, one for two years, and one for 
three years, and until their successors are duly elected and 
qualified, and shall, annually thereafter, elect in like manner 
one person with the same qualifications, to serve for three 
years, and until his successor is elected and qualified; and 
any vacancy in such committee shall be filled for the unex- 
pired term at its first regular meeting of the board held 
after the same occurs. [75 v. 541, § 2; 76 v. 97, § 2.] 

Sec. 4005. Such committee shall report in writing to 
the board of education at least once each year, and oftener 
if required bj' the board, and shall have entire charge and 
control of the school library in the city, with full power to 
make all rules and regulations for the government and reg- 
ulation thereof, to employ a librarian, and such assistants 
and help as may be needed for its care and protection, and 
to require of the librarian such bond as they may deem 
proper for the faithful performance of his duties, and to at- 
tend to the drawing and return of books; but the salary of 
such librarian, and the rate of compensation of such 
assistants and help, shall be fixed by resolution prior to such 
employment. [76 v. 97, § 3.] 

Sec. 4006. For the purpose of increasing and main- 
taining school libraries in cities mentioned in section forty 
hundred and three of the Revised Statutes of Ohio, and the 
territory thereto attached for school purposes, such library 
committee in such cases is authorized to annually levy a tax 
of two-tenths of one mill on the dollar valuation of the tax- 
able property of such cities aforesaid, and the territor}' 
thereto attached for school purposes, to be assessed, collected, 
and paid in the same manner as are the school taxes of 
such cities; and all money appropriated or collected by tax 
for such library shall be expended under the direction of 
said library committee in the purchase of such books, 
pamphlets, papers, magazines, periodicals, and journals, as 
may be deemed suitable for the public school library, and 
in payment of all other costs and charges, including the sal- 
aries of the librarian and assistants, that may be incurred in 
maintaining such libraries, the bills and pay-rolls for which 
said expenditures, shall, upon the order of the library com- 



SCHOOL OFFICERS' GUIDE. 



Schools, and Attendance Enforced. 



CHAPTER 9. 



SCHOOLS, AND ATTENDANCE ENFORCED. 



79 

Ch. 9. 



mittee, be certified by the chairman and secretary of such 
committee, and paid by the treasurer of the board of educa- 
tion of said city from such library fund. [55 v. 541, § 2; 
76 v. 97, §4; 78 v. 176.] 



Section 
4007. Sufficient schools must be pro- 
vided. 

Schools for colored children. 

Schools of higher grade than 
primary 

Schools at " children's homes" 
and county infirmaries. 

Youth may be sent to charity 
schools at Zanesvilte. 

Evening schools. 
4012a. Who may attend evening 
schools. 

Who may be admitted to pub- 
lic schools. 

Suspension and explusion of 
pupils. 

Teachers may dismiss schools 
on holidays. 

School year, month, and week. 

Boaid to control schools, and 
appoint officers. 



4008. 
4009. 



4010. 
4011. 



4012. 



4013. 
4014. 



4015. 



4016. 
4017. 



Section 

4018. When unlawful to employ 

teachers. 

4019. Teacher dismissed for insuffi- 

cient cause may institute 
suit. 

4020. Board to determine studies 

and text-books. 

4021. When German language to be 

taught, etc. 

4022. Pupils may be sent from one 

district to another. 

4025. Boards to ascertain condition 

of children not at school. 

4026. When board may supply pupil 

with books. 

4027. Penalties against violation of 

preceding provision. 

4028. What is equivalent to attend- 

ance on day school. 



SCHOOLS. 



Section 4007. Each board of education shall establish sufficient 
a sufficient number of schools to provide for the free educa- provided. us 
tion of the youth of school age within the district under its 
control, at such places as will be most most convenient for 
the attendance of the largest number of such youth, and 
shall continue each and every day school so established not 
less than twenty-four nor more than forty -four weeks in 

SECTION 4007 {a). In determining the question as to how many 
schools are necessary in the districts, either of townships, villages, 
or cities, three things should be considered: 1. Convenience of ac- 
cess. 2. E onomy in expenditures. 3. A proper grading and classi- 
fication of the pupils, in cases where grading is possible. 

Under the first item, a due regard should be had to the arrange- Sc j 100 i s h ](i 
ment of the population. In some cases the geographical center of be conveniently 
the district is not the center of the population, nor will it always do 
utterly to disregard the rights of minorities, and place the school in 
the exact center of population, when this will force a considerable 
number of children to travel excessive distances. 



81) 



Ch. !>. 



OHIO SCHOOL LAWS. 



Schools, and Attendance Enforced. 



Boards of edu- 
cation may es- 
tablish schools 
of higher grade 
than primary. 



Two or more 
school rooms i 
a sub-district. 

Schools must 
continue twen- 
ty^four weeks. 



each school year; and each township board of education 
shall establish at least one primary school in each sub-dis- 
trict under its control. [75 v. 513, § 50.] 

[Section 4008, which authorized boards of education to 
provide separate schools for colored children, was repealed 
February 22, 1887. See notes.] 

Sec. 4009. Any board of education ma}' establish one 
or more schools of higher grade than the primary schools, 
whenever it deems the establishment of such school or 
schools proper or necessary for the convenience or progress 
of the pupils attending the same, or for the conduct and 
welfare of the educational interests of the district; and 
such school or schools when so established, shall not be dis- 
continued under three years from the time of the establish- 
ment thereof, except by a vote of three-fourths of the 
members of the board of education of each township. [75 
v. 513, § 50; 79 v. 37.] 

There is no reason why two or more school-houses or two or 
more school-rooms may not be provided in a sub-district. 

(b) The law is absolute in its requirements to continue all 
schools to which public money is applied at least twenty-four weeks. 
The law does not limit boards of education to this period, however, 
and if the time is lengthened as to the schools for any portion of the 
inhabitants of a township district, it must be eqt 1 1 ly lengthened for 
all such inhabitants. This does not imply that iA\ the grades of a 
system of schools accessible to all the pupils of a district must be 
kept up as long as the other grades. But if the high or grammar 
schools for one part of the district be kept up for a given time, such 
grades for other parts of the district must be continued as long. 
See section 3967. That this same rule is to govern "in the case of 
different parts of a city district, see fourth item enumerated under 
section 3969. 

400S (a). The power to establish and maintain separate 
schools for colored children was conferred on boards of education 
by section 400S and not by section 4013 of the Revised Statutes. 
Whilst under the latter section power is conferred on boards of ed- 
ucation to make such assignments of the youth of their respective 
districts, to the schools established by them, as will, in their opin- 
ion, best promote the interest of education in their districts, such 
power cannot be exercised with reference to the race or color of 
the youth ; and section 400S having been repealed by the act of the 
General Assembly passed February 22, 1887 (84 Ohio L., 34) sepa- 
rate schools for colored children have been abolished, and no regu- 
lation can be made under section 4013, that does not apply to all 
children, irrespective of race or color. 45 O. S., 556. 

(b). The fact that prior to the repeal of section 4008, a board 
of education had, under its provisions, established a separate school 
for colored children does not axtthorize it to continue the same 



school. 



SCHOOL OFFICERS' GUIDE. 81 

Schools, and Attendance Enforced. Ch. 9. 

Sec. 4009a. For the purpose of providing such 
schools of higher grade, any township district, villlage and 
special district, situate within the boundaries of such town- 
ship may be united together and organized as a special 
district for high school purposes, by a vote of the electors 
of such township at any general election as herein pro- 
vided. 

SEC. 4009(5. Any ten or more of the qualified electors vote on union ot 
of any township having a village district, or special district hlgh'schooi 
within its limits, may give ten days' notice before any gen- j^n t°m en t o^ 
eral election that a separate vote will be taken at the next tion r for°hiffL uca 
general election in said township, in each of the districts pro- 
posed to be so united, on the proposition to unite such vil- 
lage, township district, or special district, or any two of 
said districts, for high school purposes. Such notice shall 
be ' sufficient, if given by publication in a newspaper pub- 
lished and of general circulation in said township, and by 
being conspicuously posted in at least three public places 
in each of the districts interested. At such next general 
election held after publication of such notice, all electors 
voting in favor of such union shall have written or printed 
on their ballots, "Special District for High School Pur- 
poses — Yes;" and all electors voting against such union 
shall have written or printed on their ballots, "Special Dis- 
trict for High School Purposes — No." If a majority of 
the ballots cast on the proposition in each of said districts 
have on them the words, "Special District for High School 
Purposes — Yes," such village, township and special dis- 
tricts, or any two of said districts, shall thereafter be 
united as a special district for high school purposes ; and 
the judges of such election shall certify to the court ofcom- 

after such repeal, and to require the colored children, against their 
will, to attend the same. 2 O. Circuit Court Rep., 557. 

Sec 4009 {a). One of the most encouraging features of the 
development of our public school system, is the rapid growth of 
the higher education, particularly in the township districts. The es- 
tablishment of township high schools is going forward in increasing 
numbers with each succeeding year. The people seem to be grow- 
ing into the conviction that the higher education is a necessity in 
a republic, and that the cheapest and best place for their children 
to obtain their education is at home, under their own eye. 

(b). Of course the superintendent of the schools of a town- 
ship, is entitled, under the direction of the township board, to exer- 
cise the same authority that is exercised by a superintendent of city 
schools. 



6 



82 OHIO SCHOOL LAWS. 



Ch. 9. Schools, and Attendance Enforced. 

mon pleas of the county in which such township is situate, 
the result of such election, which certificate shall be placed 
upon the journal of said court; whereupon said court shall 
appoint three judicious persons, one for one year, one for 
two years, and one for three years, residents of said town- 
ship, as the board of education of such special district for 
high school purposes, one member of such board of ed- 
ucation to be elected every year [t] hereafter, to hold said 
office for three years, or until his successor is elected. 
Such board of education, when so appointed, shall have all 
the powers now conferred by law upon other boards of ed- 
ucation. [82 v. 128.] 

RELATIVE TO CERTAIN GRADED SCHOOLS IN TOWNSHIPS. 

Sec. 1. Be it enacted by the General Assembly of the 
state of Ohio, That whenever the township board of educa- 
tion establishes a school of higher grade than the primary 
schools in townships, they shall have the management and 
control of such higher grade of schools of their proper 
townships which are or may be established therein by 
them with full power in respect to such schools to employ 
and dismiss teachers, and give them certificates of such 
employment, and for services rendered, directed to the 
township clerk, in the same manner and to have the same 
force and effect as certificates of employment of teachers 
by directors of sub-school districts. And shall build, re- 
pair, add to and furnish the necessary school houses, pur- 
chase or lease sites therefor, or rent suitable rooms, and 
make all other necessary provisions relative to such schools 
as they may deem proper. Said board of education shall 
have full power to regulate and control the admission of 
scholars to such schools of higher grade according to age 
and attainments, and may admit adults over twenty-one 
years of age, and scholars from other townships on such 
terms and under such rules as they may adopt, and shall 
maintain a school or schools, of such higher grade not less 
than twenty-four nor more than forty-four weeks in any 
one school year. 

Sec. 2. In townships where a school of higher grade 
than the primaries is established, or may be established, 
by the board of education of such township, the board 

SEC 1. So much of this law as conflicts with the Workman Law 
is repealed by section 2 of that act. 



SCHOOL OFFICERS' GUIDE. 88 

Schools, and Attendance Enforced. Ch. 9. 

of education shall, annually, determine by estimate, as near 
as practicable, the entire amount of money necessary to be 
expended in the township for school and school-house pur- 
poses, including the sustaining of teachers in such schools 
of higher grade, the prolonging of the terms of the several 
sub-districts or primary schools after the state funds have 
been exhausted, the erecting, repairing and furnishing of 
school-houses, and any other school purposes not exceed- 
ing in any one year ten mills on the dollar of the taxable 
property of the township, which amount shall be certified 
in writing to the county auditor, as required by sec- 
tion 3960. 

Sec. 3. This act shall take effect and be in force from 
and after its passage. 

Passed May 1, 1891. 

Sec. 4010. The board of any district in which a chil- schools at chil- 
dren's home or orphans' asylum is or may be established by orphan*' ««y*' 
law, or in which a county infirmary is or may be established, Armaria i h©w 
shall, when requested by the board of trusrees of such chil- 
dren's home, orphans' asylum or the directors of such infirm- 
ary, establish in such home, asylum or infirmary a separate 
school, so as to afford to the children therein, as far as practi- 
cable, the advantages and privileges of a common school edu- 
cation ; such schools at infirmaries shall be continued in 
operation each year until the full share of all the school funds 
of the district belonging to such children, on the basis of 
enumeration, is expended, and at such homes and asylums 
not less than forty-four weeks, if the distributive share of 
school funds to which such school at any such home or asy- 
lum is entitled by the enumeration of children in the insti- 
tution is not sufficient to continue the schools the length of 
time hereby required, the deficiency shall be paid out of the 
funds of the institution; all schools so established in any robe«««ier 
such home, asylum or infirmary, shall be under the control tr™ st£-«*of ia- 
and management of the respective board of trustees or di- stu,ltiOBa - 
rectors of such institution, which boards of trustees or direc- 
tors shall, in the control and management of such schools, as 
far as practicable, be subject to the same laws that boards of 
education and other school officers are, who have charge of 
the common schools of such district; in the establshment of 
such schools the commissioners of the county in which such 
children's home, orphans' asylum or county infirmary is es- 
tablished, shall provide the necessary school-room or rooms, 
furniture, fuel, apparatus and books, the cost of which furni- 



•4 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Enforced Attendance. 



Youth may be 
•ent to charity 
•Chool at 
iinesville. 



Evening- schools 



Who may a* tend 
evening sch ooi s. 



Who may 1 - re- 
mitted to pu.ilic 
schools. 



ture, fuel, apparatus and books for the schools of such homes, 
infirmaries and asylums, shall be paid out of the funds pro- 
vided for such institutions; and the board of education shall 
incur no expense in supporting such schools. [75 v. 513, 
§50; 76v.75, §1; 80 v. 217.] 

Sec. 4011. The board of education of the city of Zanes- 
ville may contract with the trustees having the management 
of any fund which has been provided by gift, devise, or be- 
quest for the establishment or support of a school or schools 
for poor children therein, for the admission to any such school 
of children resident in the city, and pay to such trustees, out 
of the school funds under its control, such tuition fee as may 
be agreed upon for each scholar so admitted, but not entitled 
to admission according to the terms of such gift, devise, or 
bequest, and also provide for such right of visitation or con- 
trol of such school or schools by the board as may be agreed 
upon; such school or schools shall be kept, at the least, equal 
in grade and efficiency to the corresponding public schools 
of the state, and every such contract shall expire in three 
years from the time of its execution, unless renewed or 
extended by agreement; but this section shall in no manner 
apply to any school or schools supported or controlled by 
any church, congregation, sect, or religious denomination or 
association of any kind. [75 v. 530, § 1.] 

SEC. 4012. In any township, special, village,, or city 
district, or part thereof, parents or guardians of youth of 
school age may petition the board of education to organize 
an evening school. The petition shall contain the names of 
not less than, twenty-five youth of school age who will attend 
such school, and who for reasons satisfactory to the board 
are prevented from attending day school. Upon receiving 
such petition the board of education shall provide and fur- 
nish a suitable room for the evening school and employ a 
competent person who holds a regularly issued teacher's 
certificate, to teach it. Such board may discontinue any 
such evening school, when the average evening attendance 
for any month falls below twelve. [72 v. 29, § 51; 90 v. 116.] 

Sec. 4612a. Any pers.jn more than twenty-one years 
old may be permitted to attend evening school upon such 
terms and upon paj 7 ment of such tuition as the board of 
education may prescribe. [90 v. 117.] 

Sec. 4013. The schools of each district shall be free 
to all youth between six (6) and twenty-one (21) years of 
age, who are children, wards or apprentices of actual resi- 



SCHOOL OFFICERS' GUIDE. 86 

Schools, and Enforced Attendance. Cli. 9. 

dents of the district, including children of proper age, who 
are or may be inmates of a county or district children's 
home located in any such school district, at the discretion of 
the board of education of the township in which said school 
district is located; provided, that all youth of school age, 
living apart from their parents or guardians and who work 
to support themselves by their own labor, shall be entitled 
to attend school free in the district in which they are em- 
ployed. Each board of education may admit other persons 
upon such terms or upon payment of such tuition as it may 
prescribe; provided, that in all counties which do not con- 
tain a city of the first grade of the first class, in such case 
there shall be credited on the tuition so charged the amount 
of school tax in such district for the current school year, 
which may be paid by such non-resident pupil, or a parent 
thereof; and the several boards shall make such assignment 
of the youth of their respective districts to the schools es- 
tablished by them, as will, in their opinion, best promote 
the interests of education in their districts. [70 v. 195, § 
71; 77 v. 196; 84 v. 69; 87 v. 316.] 

Sec. 4014. No pupil shall be suspended from school suspension and 
by a superintendent or teacher except for such time as may pupils. 
be necessary to convene the board of education, and no 

SEC 4013 (a). Children cannot legally attend the schools of 
sub-districts in which they do not reside, and to which they have not 
been assigned by the board of education except as provided in section 
4022a. 

(6). By comparing this section with section 4030, it will be seen Pupils to attead 
they do not correspond in one particular. The latter says, there sub-district? 
shall be "an enumeration of all unmarried youth," while in this sec- 
tion there is no limitation to free admission into school, except as to 
age. It was doubtless intended by the General Assembly that the 
two sections should agree on this point. That they do not is owing, 
it may be presumed, to an inadvertence. 

Under this section persons under twenty-one years of age, 
though married, are entitled to all the privileges of the schools of 
the district in which they reside, notwithstanding they have not 
been enumerated in the school census, and in consequence can 
draw no part of the state school fund. 

(c). Under the general law, sections 3S98, 3916, etc., boards of Electors vote 
education are elected by the qualified electors of their district. 
This section does not change this provision. Hence, though they 
may send their children to school, they cannot vote in any district 
except where their home is situated. 

SEC 4014. The parent has no right to interfere with the Detention of 
order or progress of the school by detaining his child at home, or ty I D 1 ^ re i n t t ll0m * 
by sending him at times that prove an annoyance or hindrance to 
others. 31 Iowa, 568. 



88 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Enforced Attendance. 



ptanissal of 
l<t>ols o: 
Mays. 



»,4«ol» on 



School year, 
Sfconth, and 
w*«k. 



Boards to con 
trot school 
appoint officers 



ad 



Right to attend 

aot absolute. 



Making up lost 
tlmw on Satur- 
day* and holi- 
days. 



Board to enforce 
necessary rules. 



pupil shall be expelled except by a vote of two-thirds of 
such board, and not until the parent or guardian of the 
offending pupil has been notified of the proposed explu- 
sion, and permitted to be heard against the same; and no 
pupil shall be suspended or expelled from any school beyond 
the current term thereof. [70 v. 195, § 71; 89 v. 93.] 

Sec. 4015. Teachers employed in the common schools 
may dismiss their schools, without forfeiture of pay, on the 
first day of January, the twenty-second day of February, 
the thirtieth day of May, the fourth day of July, the twenty- 
fifth day of December, and on any day set apart by proclama- 
tion of the president of the United States, or the governor 
of this state, as a day of fast or thanksgiving. [70 v. 195, 
§116; 79 v. 87; 83 v. 73.] 

Sec. 4016. The school year shall begin on the first 
day of September of each year, and close on the thirty-first 
day of August of the succeeding year; and a school week 
shall consist of five days, and a school month of four school 
weeks.. [ 70 v. 215, § 70 ; 72 v. 181, § 6.] 

Sec. 4017. Bach board of education shall have the 
* 
management and control of the public schools of the dis- 
trict with full power to appoint a superintendent and assist- 
ant superintendents of the schools, a superintendent of 

The right to attend school is not absolute, but conditional on 
compliance with the rules. 48 Vt, 473. 

4015 (a). Hiring teachers by the day does not affect their 
rights under this section. 

(b). It is held in Michigan that "school management should 
always conform to those decent usages which recognize the propriety 
of omitting to hold exercises' on recognized holidays. All contracts 
for teaching during periods mentioned must be construed of neces- 
sity as subject to such days, and there can be no penalty laid upon 
such observances, in the way of forfeitures or deductions of wages." 
39 Mich., 484. 

SEC. 4016. Teachers have no right, without express authority 
of the board of education, to make up lost time by teaching on 
Saturday or on a holiday. The custom is so well established of 
keeping the schools in session the five working days of each week 
exclusive of Saturday, and of dismissing on the holidays named, 
that to change this custom would manifestly require action by the 
board. As the law does not prescribe the days of the week to be 
taught, the board may, under section 3985, authorize the intermission 
of school on Monday or any other day most convenient to the inhabi- 
tants. In a few districts in Ohio, there is no session on Monday. 

SEC. 4017 (a). Boards of education are authorized to adopt and 
enforce necessary rules and regulations for the government of schools 
under their management and control. Sewell v. Board of Educa- 
tion, 29 O.'S., 89. 



SCHOOL OFFICERS' GUIDE. 87 

Schools, and Enforced Attendance. Ch. 9. 

buildings, and teachers, janitors and other employes, and 
fix their salaries or pay, which salaries or pay may be 
increased but shall not be diminished during the term for 
which the appointment is made; but no person shall be 
appointed for a longer time than that for which a member 
of the board is elected; and such board may dismiss any 
appointee for inefficiency, neglect of duty, immorality, or 
improper conduct. [ 70 v. 195, § 53 ; 89 v. 93.] 

Sec. 4018. It shall be unlawful for the township board when unlawful 

x to employ 

of education prior to the annual election on the second teacher*,. 
Monday of April and the qualification of the director or 
directors elected thereat to employ or contract to employ 
any teacher for a term to commence after the expiration of 
the current school year; and said board at the end of any 
month, or at the end of the term, shall give to the teachers 
employed by them certificates of such employment and of 
services rendered, addressed to the township clerk, who, 
upon, presentation thereof and compliance by such teachers 
with the provisions of section forty hundred and fifty-one, 
shall draw orders on the township treasurer for the amounts 
certified to be due, in favor, of the parties entitled thereto, 
and the treasurer shall pay the same. [70 v. 195, § 53; 89 
v. 93.] 

Sec 4019. If the board of education of any district Teachers «!»- 
dismiss any teacher for any frivolous or insufficient reason, sufficient causa 
such teacher may bring suit against such district, and if, suit. 
on the trial of the cause, a judgment be obtained against 
the district, the board thereof shall direct the clerk to issue 
an order upon the township treasurer for the sum so found 
due to the person entitled thereto, to pay the same out of 
any money in his hands belonging to such district, and 
applicable to the payment of teachers; and in such suits 
process may be served on the clerk of the district, and ser- 
vice upon him shall be sufficient. [76 v. 58, § 1; 89 v. 93.] 

(b). A committee on teachers appointed by the board, or 
the director of a subdistrict, may make recommendations to the 
board, but no teacher, or other employee, can be legally elected 
except at a meeting of the board of education, and by a majority vote 
of the entire board and after the manner directed in section 3962. 
( In case of a tie vote in township boards, see note under section 
3915. ) If the meeting is a special one, each member must have been 
notified in accordance with the provisions of section 3920. 

(c). The dismissal of a teacher or other employe is business 
and must be transacted at a regular or special meeting, and reasons 
therefor must be spread upon the minutes. 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Enforced Attendance. 



Schools close on 
account of con- 
tagious disease. 



Violation of 

eoatvact. 



(d). If a teacher is employed for a definite time, and, during 
the period of his employment, the district officers close the schools 
on account of the prevalence of contagious diseases, and keep them 
closed for a time, and the teacher continues ready to perform his 
contract, he is entitled to full wages during such period. The act 
of God is not an excuse for non-performance of a contract unless it 
renders performance impossible; if it merely makes it difficult and 
inexpedient, it is not sufficient. Although under such circumstances 
it is eminently prudent to dismiss school, yet this affords no reason 
why the misfortune of the district should be visited upon the teacher. 
Dewey v. Union School District of Alpena, 43 Mich., 480. 

(e). A person who engages to teach for a definite term, and 
leaves the school without just cause, cannot sustain an action for 
services already rendered. 29 Vt, 219. 

(/). It has been held in New York that absence of a teacher 
for a single day without consent of the trustees annuls the contract. 
New York Code of Instruction, pp. 705, 723, 731. 

But a teacher abandoning his school because not sustained by 
the trustees in the enforcement of reasonable rules is entitled to 
wages for the time taught. 7 Vermont, 452 ; 55 Mo., 149. 

{g). The discharge of a janitor's duties is no part of a teacher's 
work ; and, in the absence of a contract to perform such duties, he 
is under no legal obligation to do so, no difference what may have 
been the custom in the district, nor how long acquiesced in. 

The teacher cannot compel pupils to do any janitorial work, 
such as building fires, or sweeping school-houses. 97 111., 375. 

{h). Many city boards of education have as one of their stand- 
ing rules that all of their employes shall hold their positions at the 
discretion of the board. This condition in a contract with employes 
hired for a specified time is null and void. The statute names the 
causes for which an appointee may be dismissed, and that appointee 
can be dismissed for no other. A rule of a board of education can- 
not override a state law. 

4018. While a strict interpretation of this section would seem 
to require the action of the board in the payment of teachers or 
other employes, yet it is believed that the spirit of the law can be 
carried out by the adoption of a resolution by the board directing 
the township clerk to issue an order for pay upon the certificate of 
the local director that the services have been rendered by the teacher 
or other employe in accordance with the contract made with the 
board. 

4019. Since the possession of a certificate is prima facie evi- 
dence of competency and good character, the burden of sustaining a 
charge against the teacher of inefficiency, neglect of duty, immo- 
rality or improper conduct is thrown upon the person or persons 
preferring such charges. 



SCHOOL, OFFICERS' GUIDE. 89 

Schools, and Enforced Attendance. Ch. 9. 



THE SCHOOL BOOK LAW. 



AN ACT 



To create a state school-book board and provide for supplying the 
schools of Ohio, with good and sufficient school-books at the 
lowest prices at which such books can be furnished, and to 
repeal section 4020, as amended April 28 (1890 O. L. vol. 87, page 
377), and sections 4020a, 40205, and 4020a", passed April 28, 1890 
(O. L. vol. 87, pages 378, 379, 380, and 381). 

Section 1. Be it enacted by the General Assembly of 
the State of Ohio, That the state commissioner of common state school- 
schools shall, within thirty, days after the passage of this maximum price 

, r ... . , . . at which school- 

act, procure as near as he can, one copy ot the latest and books ma.y be 

best addition of each of the school text-books in use, so far be fixedby, etc. 
as he can learn, in the public schools in this state, and 
thereupon the governer and secretary of state, constituting 
a board for the purposes herein named, to be known as the 
state school-book board, shall secure all such information 
as may be necessary to fully advise them, and within sixty 
days after the passage of this act, fix the price not to ex- 
ceed which each of said text-books may be sold to, and 
purchased by boards of education as herein provided, but 
the price so fixed on any book shall not in the aggregate, 
as near as can be ascertained, exceed seventy-five per cent, 
of the present wholesale list prices. The governor shall 
be president of said board, and the state commissioner of 
common schools, shall be secretary thereof, and the secre- 
tary shall keep a record of all the proceedings of said 
board, and write in each of said books, so procured by 
him, the said price so fixed, and preserve said book in his 
office; and as revisions of such books may be made or new 
school text-books may be placed on the market from time 
to time deserving, in the opinion of the board, to be con- 
sidered, the commissioner shall, in like manner procure 
copies thereof, and the board shall, in like manner as afore- 
said, fix the maximum price thereof at which the same 
may be sold and purchased as aforesaid. 

Sec. 2. That whenever the maximum price of the books proposals for 
now in use as aforesaid, has been so fixed by said board, the books to ng 
said commissioner shall forthwith notify the publishers of schools - 



90 



OHIO SCHOOL LAWS. 



Ch. ». 



Schools, and Enforced Attendance. 



Acceptance of 
proposals. 



Penalty for 
failure by pub- 
lisher to fill 
order. 



Notice to 
board of edu- 
cation of 
action of 
school-book 
board. 



such books of the action of said board and of the price so 
fixed on each book published by such publisher, and invite 
each to submit in writing to said board, without delay, a 
proposal as to what books, which shall in all respects be 
exact duplicates of those so on file with said commissioner, 
they will furnish to the state as herein provided, at a price 
not exceeding that so fixed, for the period of five years, in 
such quantities and at such times as they may be ordered 
as herein provided (giving the name and address of such 
publisher) ; the board of education making the order to 
pay all costs of transportation, and at the expiration of 
ninety days from the passage of this act, said school-book 
board shall meet and consider all such proposals submitted, 
and if the board is of the opinion that from the proposals 
thus received the public schools of the state can be well 
supplied with good school-books equal to the necessities 
and best interest thereof, said school-book board shall make 
and enter an order that said proposals be accepted, and 
such proposals shall be recorded and preserved, and each 
publisher submitting a proposal so accepted, shall be bound 
thereby, and by the provisions of this act, for the period 
of five years from the date of such acceptance, and any 
publisher failing or refusing to promptly fill any order or 
ship any books ordered as herein provided, included in his 
said accepted proposal, shall forfeit and pay to the state of 
Ohio, five hundred dollars for each failure, to be recovered 
in the name of the state, in an action to be brought by the 
attorney-general, in the court of common pleas of Franklin 
county, or in any other proper court, or in any other place 
where service can be made, and the amount, when collected, 
shall be paid into the state treasury to the credit of the 
common school fund of the state. 

Sec 3. That in case such proposals be presented to 
said board to the extent aforesaid, and said board accepts 
the same as aforesaid, the said commissioner shall forthwith 
make out a complete list of the books named in such 
accepted proposals, fully describing each, and giving the 
price so fixed thereon, the price named in the proposal, and 
the name and address of the publisher of each book, and 
the same shall contain such further information as the com- 
missioner may deem necessary or may be ordered by the 
board, and he shall at once transmit by mail, to each board 
of education in this state, a copy of such statement, and 
»uch board shall preserve the same and enter it on its 



SCHOOL OFFICERS' GUIDE. 91 

Schools, and Enforced Attendance. Ch. !». 

record in full, and such commissioner shall in like manner, 
from time to time, make and forward any additional state- 
ments concerning the action of said board authorized here- 
under, that may be necessary to fully advise the several 
boards of education in relation to any such action. Each Adoption of 

r • • i text-books. 

board of education in this state, on receiving the statements, 
first above mentioned, from said commissioner, shall on 
the last Monday in August, meet, and at such meeting, or 
at an adjourned meeting, within two weeks after said 
Monday, determine by a majority vote of all the members 
elected, the studies to be pursued, and which of said text 
books contained in said list so furnished it, shall be used 
in the schools under its control; but no text-book so 
adopted shall be changed, nor any part thereof altered or 
revised for five years after the time of the acceptance by 
said school-book board of said propositions, without the 
consent of three-fourths of all the members elected, given 
at a regular meeting; and each board of education shall Purchase of 

& *" books by bo.irds 

cause it to be ascertained, and at regular meetings in April of education 
and August, shall determine which, and the number of 
each of said books the schools under its charge will require, 
until the next regular meetings in April and August, and 
shall cause an order to be drawn for the amount in favor of 
the clerk of the board of education, payable out of the con- 
tingent fund; and said clerk shall at once order said books 
so agreed upon by the board, of the publisher, and the 
publisher, on the receipt of such order, shall ship such 
books to said clerk without delay, and the clerk shall forth- 
with examine such books, and, if found right and in accord- 
ance with said order, remit the amount to said publisher, 
and the board of education shall pay all charges for the 
transportation of such books, out of the school contingent 
fund; but if said boards of education can, at any time, 
secure of the publisher the books so adopted by the board, 
at a price less than said maximum price, it shall be its duty 
so to do, and may without unnecessary delay, make effort 
to secure such lower price before adopting any particular 
text-books. Each board of education shall have power to, Books to he 

placed with in 

and shall make all necessary provisions and arrangements reach of 
to place the books so purchased within easy reach of and 
accessible to all the scholars in their district, and for that 
purpose may make such contracts, and take such security 
as they may deem necessary, for the custody, care and sale, 
of such books and accounting for the proceeds ; but not to 



pupils. 



92 



OHIO SCHOOL LAWS. 



Cn. 9. 



Schools, and Enforced Attendance. 



Compensation 
lor care of, and 
s.'iie of books to 
pupils, etc. 



Boards may 
C'-ntract with 
local dealers. 



Exchange of 
books, etc. 



Term of 

school-book 

board. 



Appropriation. 



exceed ten per cent, of the cost price shall be paid there- 
for, and said books shall be sold to the pupils of school age 
in the district, at the price paid the . publisher, and not to 
exceed ten per cent, thereof added, and the proceeds of 
such sale shall be paid into the contingent fund of such 
district, and whoever receives said books from the board of 
education for sale as aforesaid to the pupils, and fails to 
account honestly and fully for the same, or for the proceeds 
to the board of education when required, shall be guilty of 
embezzlement and punished accordingly. Provided, how- 
ever, board of education may contract with local retail 
dealers to furnish said books at prices above specified, such 
dealers becoming responsible to the publishers for all books 
purchased by them. And when pupils remove from any 
district, and have text-books of the kind adopted in such 
district, and not being of the kind adopted in the district 
to which they remove, and wish to dispose of the same, 
the board of the district from which they remove, when 
requested, shall purchase the same at the fair value thereof, 
and re-sell the same as other books ; and nothing in this 
act shall prevent the board of education from furnishing 
free books to indigent pupils, as provided by law. Said 
school-book board shall continue for five j^ears, and in 
addition to the foregoing, the secretary shall perform such 
acts and services as may be ordered by the board. That for 
the purpose of carrying into effect the foregoing provisions 
of this act, and pajdng the expenses incident thereto, there 
be and is hereby appropriated out of any money in the 
state treasury, to the credit of -the general revenue fund, not 
otherwise appropriated, a sum not exceeding five hundred 
dollars, to be disbursed and paid on the allowance and order 
of said school-book board. 



Religions in- 
struction. 



The constitution of the State does not enjoin or require relig- 
ous instruction, or the reading of religious books, in the public 
schools of the State. ■ Board of Education of Cincinnati v. Minor, et 
al., 23 O. S., 211. 

The legislature having placed the management of the public 
schools under the exclusive control of directors, trustees, and boards 
of education, the courts have no rightful authority to interfere by 
directing what instruction shall be given or what books shall be 
read therein. lb. 211. 



SCHOOL OFFICERS' GUIDE. D3 

Schools, and Enforced Attendance. Ch. si. 

Sec. 10. That section 4020 of the Revised Statutes, Repeals, 
as amended April 28, 1890 (O. I,, vol. 87, page 377), and 
sections 4020a, 4020b, 4020^, and 402(W, passed April 28, 
1890 (O. Iv. vol. 87, pages 378, 379, 380, and 381), be and 
the same are hereb} r repealed. 

Sec 11. This act shall take effect and be in force 
from and after its passage. 

Passed May 4, 1891. 



the state. 



AN ACT 

To provide for the study of the nature of alcoholic drinks and nar- 
cotics, and their effects on the human system, in the public 
schools of the State of Ohio, and in all educational institutions 
supported wholly or in part by public money. 

Sec. 1. Be it enacted by the General Assembly of the 
State of Ohio, That the nature of alcoholic drinks and nar- Alcoholic 

. . drinks and nar- 

cotics, and their effects upon the human system in connec- coticsrequir i 
tion with the subjects of physiology and hygiene, shall be educational 

1 -i i 11 i ■ • i institution - 

included in the branches to be regularly taught m the com- supported by 
mon schools of this state, and in all educational institutions 
supported wholly or in part by money received from the State; 
and it shall be the duty of the boards of education, and 
boards of such educational institutions to make provisions 
for such instruction in the schools and institutions under 
their jurisdiction, and to adopt such methods as shall adapt 
the same to the capacity of the pupils in the various grades 



Sec. 1. (a). The duty of boards of education to make pro- 
vision for instruction in the nature of alcoholic drinks and narcot- 
ics, and their effects on the human system, in connection with the 
subjects of physiology and hygiene, is imperative, and if these 
boards neglect this duty, they may be compelled to its performance 
by a writ of mandamus. 

(6). It is evidently the intent of the law that physiology and 
hygiene, as well as the nature of alcoholic drinks and narcotics, 
shall be taught to all youth attending the common schools, from the 



94 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Enforced Attendance. 



Oral instruction 
sufficient com- 
pliance. 



Certificates to 
teach after 
January 1, 1890. 



Refusal or 
neglect cause 
for dismissal of 
teachers. 



When, German 
language to be 
taught, etc. 



therein; but it shall be deemed sufficient compliance with 
the requirements of this section if provision be made for 
such instruction orally only, and without the use of text- 
books by the pupils. 

Sec. 2. No certificate shall be granted to any person 
on or after the first day of January, 1890, to teach in the 
common schools, or in any educational institution supported 
as aforesaid, who does not pass a satisfactory examination 
as to the nature of alcoholic drinks and narcotics, and their 
effects upon the human system. 

Sec. 3. Any superintendent or principal of, or teacher 
in any common school or educational institution, supported 
as aforesaid, who willfully refuses or neglects to give the in- 
struction required by this act, shall be dismissed from his 
or her employment. 

Sec. 4. This act shall take effect and be in force from 
and after the first day of January, 1889. 

Passed April 11, 1888. [85 v. 213.] 

Sec. 4021. The board of any district shall cause the 
German language to be taught in any school under its con- 
trol, during any school year, when a demand therefor is 
made, in writing, by seventy-five freeholders resident of the 
district, representing not less than forty pupils who are en- 
titled to attend such school, and who, in good faith, desire 



Instructions in 
German. 



infants entering school for the first time up to the senior class in the 
high school; and it is left to the ingenuity of boards of education and 
teachers to devise the kind of instruction that will be comprehensible 
to each class of minds in this wide range. As to whether this teach- 
ing shall be done or not, neither boards nor teachers are allowed 
any discretion. It is a compulsory law of the most iron-clad char- 
acter. 

SEC. 3. The penalty of dismissal from employment cannot in 
equity be inflicted on superintendents, principals, and teachers for 
not giving the instruction required by the above act, until after the 
board of education has made proper provision for such instruction. 

SEC. 4021. (a). The law plainly contemplates English schools, 
though it allows the teaching of other languages as such, and upon 
the performance of certain named conditions requires the board to 
have the German language taught. 

(b). It would seem that the word "district," as used in this 
section, refers to the township, and not to the sub-district. Accord- 
ing to this construction, it does not require that the seventy-five 



SCHOOL OFFICERS' GUIDE. 96 



Schools, arid Enforced Attendance. Oh. 9. 



and intend to study the German and English languages to- 
gether; but such demand shall be made at a regular meet- 
ing of the board, and prior to the beginning of such school 
year; and any board may cause the German or other lan- 
guage to be taught in any school under its control, without 
such demand. [70 v. 195, § 52.] 

Sec. 4022. The board of any district may contract Pupils maybe 
with the board of any other district for the admission of district to 
pupils into any school in such other district, on such terms 
as may be agreed upon by such boards; and the expense so 
incurred shall be paid out of the school funds of the district 
sending such pupils. [73 v. 243, § 64.] 

Sec. 4022a. The board of education of any township children P er- 
district, sub-district, special or joint sub-district within the Attend u°ar- 
state of Ohio, shall permit children of school age, who re- cxplnswpkid^ 
side further than one and a half miles from the school 
where they have a legal residence, under the school laws of 
Ohio, to attend the nearest sub-district, special or joint sub- 
district school; and the per capita current expense of run- 
ning the school in the district where such children attend, 



petitioners shall all reside in the same sub-district nor does it re- 
quiie, when seventy-five freeholders of the township district peti- 
tion for the teaching of German, that the board shall provide for 
German in every school in the township. The board may provide 
for the teaching of German in some one school, leaving it free to 
parents who desire their children taught German to send them to 
that school regardless of the sub-district in which they reside. If 
all the petitioners reside in one sub-district representing forty 
pupils, then the board ought to cause the German to be taught in 
that sub-district. 

Sec. 4022. (a). This is, of course, in no sense a transfer of the Not a transfer 
child, and as certainly not of his parents, to the district or sub-dis- 
trict in which he is permitted to attend school for pa} 7 . 

(b). The tuition agreed upon is to be paid on the proper order Tuition to 
of the clerk of the board of education which sends the child, to the w lom pax ' 
treasurer of the district to which he is sent, — see last clause of section 
4047 — and it is to be disbursed by the board of this district. Neither 
local directors, individual members of the board of education, 
superintendents, nor teachers can retain or disburse it. 

(r). The provisions of this section are in no way modified or 
changed by the provisions of the "Boxwell Law." Boards of educa- 
tion may or may not pay the tuition of pupils attending schools not 
under their jurisdiction, whether said pupils have or have not com- 
plied with the provisions of the " Boxwell Law." 



96 



OHIO SCHOOL LAWS. 



Cli. 9. 



When board 
may supply 
pupils wuh 
books. 



Schools, and Enforced Attendance. 



for the term so attending, shall, upon demand of the board 
of education of such district, be paid by the board of edu- 
cation of the district where such children have a legal resi- 
dence. The per capita cost of running the school in all 
cases shall be the quotient produced by dividing the total 
current expense of running such school, by the total num- 
ber of children of school age in such district. 

All acts or parts of acts, so far as they may be incon- 
sistent with the provisions hereof, are hereby declared void 
as to such inconsistency, but not otherwise. [89 v. 233; 90 
v. 295.] 

Sec. 4026. If it be shown to the satisfaction of the 
board of education that the parent or guardian has not the 
means wherewith to purchase for his child or children the 
necessary school books to enable him to comply with the 
requirements of this chapter, the board shall furnish the 
same, free of charge, to be paid for out of the contingent 
fund at the disposal of the board. [74 v. 57, § 4 ; 87 v. 316.] 



AN ACT 



To compel the elementary education of children. 



Branches 
taught. 



Time of at 
dance. 



Section 1. Be it enacted by the General Assembly of 
the State of Ohio, That all parents, guardians and Other 
persons, who have care of children, shall instruct them, or 
cause them to be instructed in reading, spelling, writing, 
English grammar, geography and arithmetic. Every par- 
ent, guardian or other person having charge of any child 
between the ages of eight and fourteen years, shall send 
such child to a public, private or parochial school, for the 
following period: In city districts, in each school year 
beginning September first, not less than twenty weeks, at 
least ten weeks of which, commencing within the first four 
weeks of the school year, shall be consecutive; and in 
special, village and township districts, not less than sixteen 
weeks in each school year, eight of which, commencing 
within the first four weeks of the school year, shall be con- 



SCHOOL OFFICERS' GUIDE. 97 

Schools, and Enforced Attendance. Ch 9. 

aecutive, unless the child is excused from such attendance Excused fr.»m 

. , . i r , ,,.,,.. , such atteii- 

by the superintendent of the public schools in city or other dance. 

districts having such superintendent, or by the clerk of the 

board of education in village, special and township districts 

not having such superintendent, or by the principal of the 

private or parochial school, upon a satisfactory showing, , 

either that the bodily or mental condition of the child does 

not permit of its attendance at school, or that the child is 

being instructed at home by a person qualified, in the 

opinion of the superintendent of schools in city or other 

districts having such superintendent, or the clerk of the 

board of education in special, village and township districts 

not having such superintendent to teach the branches 

named in this section. In case such superintendent, prin- Appeal in case 

* of refusal to 

cipal or clerk refuse to excuse a child from attendance on excuse, 
school, an appeal may be taken from such decision to the 
probate judge of the county, upon the giving of a bond, 
within ten days after such refusal, to the approval of said 
judge, t6 pay all the costs of the appeal, and the decision of 
the probate judge in the matter shall be final. All chil- Attendance for 
dren between the ages of eight and sixteen years, not en- 
gaged in some regular employment, shall attend school for 

Sec. 1. (a). According to the statute (Sec. 4016) a school 
week consists of five days. And as this section says that children 
between eight and fourteen years shall be sent to school in city dis- 
tricts not less than twenty weeks in each year, and in other districts 
not less than sixteen weeks, the obvious and rational meaning is 
that children in the former districts must be in actual attendance at 
school not less than one hundred days, and in the other districts 
not less than eighty days in the year. Any other interpretation of 
this act might readily work to defeat the whole purpose of the law, 
for pupils might be on the roll twenty or sixteen weeks and not be 
in attendance more than half the time, as "enrollment" is fre- 
quently defined. From the spirit that breathes through this whole 
compulsory act, it is evident that a proper construction of its 
language should always, in doubtful cases, be in favor of the educa- 
tion of that class of youth for whose benefit the law was especially 
made. 

(b). It will be seen that no mention is made in this act of the 
teaching of U. S. history, and physiology and hygiene. The law is 
mandatory, of course, as to the branches mentioned in it, but as the 
pupils to be affected by the act, must necessarily be classified with 
pupils studying the additional branches just named, it would be an 
unreasonable interpretation of the law to hold that instruction in 
these branches is prohibited by it to any of the pupils thus classi- 
fied together. Of the value of such instruction, no intelligent per- 
son can entertain a doubt. 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Enforced Attendance. 



Employment of 
c lildren under 
14 years of ag-e. 



Half-day atten- 
dance of minors. 



the full term the schools of the district in which they re- 
side are in session during the school year, unless excused 
for the reasons above named. 

Sec. 2. No child under the age of fourteen years 
shall be employed by any person, company or corporation 
during the school term, and while the public schools are in 
session, unless the parent, guardian or person in care of 
such child, shall have fully complied with the requirements 
of section 1 of this act. Kvery person, company or corpo- 
ration shall require proof of such compliance before em- 
ploying any such minor, and shall make and keep a written 
record of the proof given, and shall, upon the request of 
the truant officer, hereinafter provided for, permit him to 
examine such record, and also the record provided for by 
section 6986aa of the Revised Statutes. Any person, com- 
pany or corporation employing any child contrary to the 
provisions of this section, shall be fined not less than 
twenty-five nor more than fifty dollars. 

Sec. 3. All minors over the age of fourteen and 
under the age of sixteen years, who cannot read and write 
the English language, shall attend school at least one-half 
of each day, or attend a public night school, or take regular 
private instruction from some person qualified, in the 
opinion of the superintendent of schools in city or other 
districts having such superintendent, or by the clerk of the 
board of education in village, special and township distric s 
not having such superintendent, to teach such branches, 
until such minor obtain a certificate from such superin- 
tendent or clerk, that he or she can read at sight and write 
legibly simple sentences in the English language. Every 
person, company or corporation employing, or having in 
employment any such minor, shall exact the school attend- 
ance or instruction required by this section, as a condition 
of employment, and shall, on request of the truant officer 
hereinafter provided for furnish evidence that such minor 



SEC 3. (a). It will be best that the board of education shall 
determine before the opening of the schools, whether these half- 
day pupils shall come to school in the forenoon or the afternoon. 
If some should come in the forenoon and some in the afternoon, 
serious interference with the classification and progress of the other 
pupils of the school might arise, and the advantage be less to the 
half-day pupils themselves. 

(b). "Write legibly simple sentences in the English lan- 
guage," evidently means, not the copying of such sentences, but 
the writing of them at dictation. 



SCHOOL OFFICERS' GUIDE. W 

Schools, and Enforced Attendance. Ch. 9. 

is complying with the requirements of this section. Every Pen»m««. 
person, company or corporation which employs, or has in 
employment, any such minor without exacting the school 
attendance or instruction required by this section, or em- 
ploys or has in employment any such minor who is not 
complying with the requirements of this section shall be 
fined not less than twenty-five nor more than fifty dollars. 
Provided, any employer may, with the approval of the p r ivat« inmruc- 
superintendent or clerk above mentioned, make provision employed ° 
for the private instruction of such minors in his employ. 

Sec. 4. Every child between the ages of eight juvenile dUor- 
and fourteen years, and every child between the ages of 
fourteen and sixteen years unable to read and write the 
English language, or not engaged in some regular employ- 
ment, who is an habitual truant from school, or who ab- 
sents itself habitually from school, or who, while in attend- 
ance at any public, private or parochial school, is incorrig- 
ible, vicious or immoral in conduct, or who habitually 
wanders about the streets and public places during school 
hours having no business or lawful occupation, shall be 
deemed a juvenile disorderly person, and be subject to the 
provisions of this act. 

Sec. 5. To aid in the enforcement of this act, truant Truant officers 
officers shall be appointed and employed as follows: 
In city districts the board of education shall appoint and 
employ one or more' truant officers; in special, village and 
township districts the board of education shall appoint a 
constable or other person as truant officer. The compensa- 
tion of the truant officer shall be fixed by the board ap- 
pointing him. The truant officer shall be vested with 
police powers, and shall have authority to enter workshops, 
factories, stores, and all other places where children may be 
employed, and do whatever may be necessary, in the way 
of investigation or otherwise, to enforce this act. The 

SEC. 4. (a). Many different meanings are likely to be attached 
to the phrases " regular employment, " " habitual truant, " " lawful 
occupation, " etc., and in the absence of any decision of the court 
defining these expressions, it is very difficult, in fact scarcely possi- 
ble, to draw an exact line of definition. Boards of education 
should adopt rules governing such matters. Such rules should in- 
form the public as to the interpretation placed upon these expres- 
sions by the board, and if reasonable, would almost certainly be sus- 
tained by the courts. 

(d). As to the disposition to be made of "juvenile disorderly 
persons, " see section 8. 



200 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Enforced Attendance. 



3tep«rt» of prin- 
tipma and 



3he®c**&lngs in 

<k»s» #/ truancy. 



truant officer shall institute proceedings against any officer, 
parent, guardian, person or corporation violating any pro- 
visions of this act, and shall otherwise discharge the duties 
prescribed in this act, and perform such other services as 
the superintendent of schools or the board of education 
may deem necessary to preserve the morals and secure the 
good conduct of school children, and to enforce this act. 
The truant officer shall keep a record of his transactions 
for the inspection and information of the superintendent 
of the schools and the board of education ; and he shall 
make daily reports to the superintendent of schools during 
the school term in cities, and to the clerk of the board of 
education, as often as required by him, in special, village 
and township districts. Suitable blanks for the use of the 
truant officer shall be provided by the clerk of the board of 
education. 

Sec. 6. It shall be the duty of all principals and 
teachers of all schools, public, private and parochial, to re- 
port to the clerk of the board of education of the city, 
special, village or township district in which the schools 
are situated, the names, ages and residence of all pupils in 
attendance at their schools, together with such other facts 
as said clerk may require, in order to facilitate the carrying 
out of the provisions of this act, and the clerk shall furnish 
blanks for such purpose, and such report shall be made in the 
last week of September, December, February and April of 
each year. It shall be the further duty of such principals and 
teachers to report to the truant officer, the superintendent of 
public schools, or the clerk of the board of education, all cases 
of truancy or incorrigibility in their respective schools as soon 
after these offenses have been committed as practicable. 

Sec. 7. On the request of the superintendent of 
schools or the board of education, or when it otherwise 
con.es to his notice, the truant officer shall examine into 
any case of truancy within his district, and warn the truant 
and its parents, guardian or other person in charge, in writ- 
ing, of the final consequences of truancy if persisted in. 
When any child between the ages of eight and fourteen 



SEC 7. Under this section trial by jury is not authorized. 
The courts have discriminated between imprisonment as a direct 
penalty Jor an offense and imprisonment used as a means of enforc- 
ing the payment of a fine Inwood vs. the State 42 O. S. 186. Sec- 
tion 12 of this law makes imprisonment a direct penalty for the 
offense and hence provides for a trial by jury. 



SCHOOL OFFICERS' GUIDli. 101 



Schools, und Enforced Attendance. Ch. 9. 



years, or any child between the ages of fourteen and six- 
teen years who can not read and write the English lan- 
guage or is not engaged in some regular employment, or 
any child between the ages of fourteen and sixteen years 
who has been discharged from employment, to obtain in- 
struction or schooling, is not attending school without law- 
ful excuse and in violation of the provisions of this act, the 
truant officer shall notify the parent, guardian or other 
person in charge of such child, of that fact, and require 
such parent, guardian or other person in charge, to cause 
the child to attend some recognized school within five days 
from the date of the notice ; and it shall be the duty of the 
parent, guardian or other person in charge of the child, so 
to cause its attendance at some recognized school. Upon Penalties tm- 

r posed nv'OB 

failure to do so, the truant officer shall make complaint parent*, guaro- 

• ian«, at«. 

against the parent, guardian or other person in charge of 
the child, in any court of competent jurisdiction in the 
city, special, village or township district in which the 
offense occurs, for such failure, and upon conviction, the 
parent, guardian or other person in charge, shall be fined 
not less then five dollars nor more than twenty dollars, or 
the court may, in its discretion, require the person so con- 
victed to give a bond in the penal sum of one hundred dol- 
lars, with sureties to the approval of the court, conditioned 
that he or she will cause the child under his or her charge 
to attend some recognized school within five days there- 
after, and to remain at such school during the term pre- 
scribed by law. And upon the failure or refusal of any 
such parent, guardian or other person to pay said fine or 
furnish said bond according to the order of the court, then 
said parent, guardian or other person shall be imprisoned 
in the county jail not less than ten days nor more than 
thirty days. 

Sec. 8. If the parent, guardian or other person in Proceeding 
charge of any child shall, upon the complaint under the disorderly per-' 

• r r -i i 1 m i i sons ; proVii- 

last section for a failure to cause the child to attend a re- ions reUttse t» 
cognized school, prove inability to do so, then he or she 
shall be discharged, and thereupon the truant officer shall 
make complaint that the child is a juvenile disorderly per- 
son within the meaning of section 4 of this act. If such 

Sec 8. Attention is called to the fact that only the probate 
judge can commit the child to any of the reformatory institutions. 
[See section 11.] 



such peraon*. 



102 OHIO SCHOOL LAWS. 



Ch. 9. Schools, and Enforced Attendance. 

complaint be made before any mayor or justice of the 
peace, it shall be certified by such magistrate to the pro- 
bate judge. The probate judge shall hear such complaint, 
and if he determine that the child is a juvenile disorderly 
person within the meaning of section 4 hereof, he shall 
commit the child, if under ten years of age, and eligible 
for admission thereto, to a children's home, or if not eligible, 
then to a house of refuge if there be one in the county, or 
to the boys' industrial school or the girls' industrial home, 
or to some other juvenile reformatory. No child over ten 
years of age shall be committed to a county childrens' 
home, and any child committed to a children's home, may, 
on request of the trustees of such home, and it being shown 
that it is vicious and incorrigible, be transferred by the 
probate judge to the boys' industrial school or the girls' in- 
dustrial home. A child committed to any juvenile reform- 
atory under this section, shall not be detained there beyond 
the age of sixteen years and may be discharged sooner by 
the trustees under the restrictions applicable to other in- 
mates. Any order of commitment to a juvenile reforma- 
atory may be suspended, in the discretion of the probate 
judge, for such time as the child may regularly attend 
school and properly conduct itself. The expense incurred in 
the transportation of a child to a juvenile reformatory and the 
costs in the case in which the order of commitment is made, 
shall be paid by the county from which the child is com- 
mitted, after the manner provided in section 759 of the Re- 
vised Statutes. Provided, further, that if for any cause 
the parent, guardian or other person in charge of any 
juvenile disorderly person as defined in section 4 hereof, 
shall fail to cause such juvenile disorderly person to attend 
school, then complaint against such juvenile disorderly per- 
son shall be made, heard and determined in like manner, 
as provided in case the parent proves inability to cause 
such juvenile disorderly person to attend school. 
Relief raqoired 5j; C . 9. When any truant officer is satisfied that any 

t< 1-na.Me child J J 

toiattcad achooi. child, compelled to attend school by the provisions of this 

SEC 9. The phrase, "authorities charged with the relief of the 
poor" is used in this section to include all boards authorized, in any 
way, to give such relief. It no doubt refers primarily to the town- 
ship trustees, but in case this board has levied the full amount 
authorized by law, and the funds arising from such levy have been 
exhausted, then other boards can be appealed to and should furnish 
the required relief. 



HAMILTON, OHIO. AUGUST 27-51 

. . . PROGRAM . . . 



FRIDAY, AUGUST 3 1 
MUvSlC 



Mayers' Orchestra 

ROLL CALL 

MEMORY 



Prof. Byron W. King 
COMPOSITION.... 



Dr. J. J- Burns. 

INTERMISSION. 

PHYSICAL EXERCISE. 

Noon till 1:15 p - M - 



MUSlC-Soprano Solo " 

Miss Corinne Rife. 



ROLL CALL •• 
LITERATURE 



Prof. Byron W. King. 
HISTORY 



Dr. J. J. Burns. 
INTERMISSION. 



MATHEMATICAL GEOGRAPHY .... 
Dr. J. J. Burns. 

FINIS. 



SCHOOL OFFICERS' GUIDE. 103 

Schools, and Enforced Attendance. Ch. 9, 

act, is unable to attend school because absolutely required 
to work, at home or elsewhere, in order to support itself or 
help support or care for others legally entitled to its services, 
who are unable to support or care for themselves, the truant 
officer shall report the case to the authorities charged with 
the relief of the poor, who shall thereupon, if the case be a 
meritorious one, afford such relief as will enable the child 
to attend school the time each year required under this act. 
Such child shall not be considered or declared a pauper by 
reason of the acceptance of the relief herein provided for. 
In case the child or its parents or guardian refuse or neglect 
to take advantage of provisions thus made for its instruction, 
such child may be committed to a children's home or a 
juvenile reformatory, as provided in section 8 hereof. Boards 
of education, in urgent and deserving cases where no other 
relief is available, and where neither parents nor child are 
at fault, may make suitable temporary arrangements for the 
instruction of the child, described in this section, either at 
home or at school, and for such purpose may incur necessary 
expense to be paid out of the school funds of the district. 

Sec. 10. The provisions of this act shall apply to Applicable to 

■*- ^^ J children en- 

children entitled, under existing: statutes, to attend school titled to attend 

° institution for 

at the institution for the deaf and dumb, or the institution t£ e deaf, or for 

the blind. 

for the blind, so far as the same are properly enforcable. 
Truant officers shall, within sixty days after the passage of 
this act, and annually between the first day of July and the 
first day of August, report to the probate judges of their 
respective coitnties the names, ages and residence of all such 
children between the ages of eight and eighteen years, with 
the name and post-office address of their parents, guardians 
or person in charge of them; also a statement whether the 
parents, guardian or person in charge of each child is able 
to educate and is educating the child, or whether the inter- 
ests of the child will be promoted by sending it to one of 
trie state institutions mentioned. Upon information thus or 
otherwise obtained, the probate judge may fix a time when 
he will hear the question whether any such child shall be re- 
quired to be sent for instruction to one of the state institu- 
tions mentioned, and he shall thereupon issue a warrant to 
the proper truant officer or some other suitable person, to 
bring the child before such judge at his office at the time 
fixed for the hearing ; and shall also issue an order on the 
parents, guardian or person in charge of the child, to appear 
before him at such hearing, a copy of which order, in writ- 



104 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Enforced Attendance. 



Penalties. 



Jurisdiction. 



Violations by 
corporations ; 
how to proceed. 



Board of count3' 
visitors to char- 
itable institu- 
tions must be 
notified. 



Repeated vio- 
lations. 



ing, shall be served personally on the proper person by the 
truant officer or other person ordered to bring the child be- 
fore the judge. If, on the hearing, the probate judge is sat- 
isfied the child is not being properly educated at home, and 
will be benefited by attendance at one of the state institu- 
tions mentioned, and is a suitable person to receive instruc- 
tion therein, he may send or commit such child to such in- 
stitution. The cost of such hearing, and the transportation 
of the child to such institution shall be paid by the county 
after the manner provided, where a child is committed to a 
state reformatory under section 8 hereof; provided, nothing 
in this section contained shall be construed to require the 
trustees of either of the state institutions mentioned, to re- 
ceive any child not a suitable subject to be received and in- 
structed therein under the laws, rules and regulations gov- 
erning such institutions. 

Sec. 11. Any officer, principal, teacher or person men- 
tioned in this act, neglecting to perform any duty imposed 
upon him by this act, shall be fined not less than twenty-five 
dollars nor more than fifty dollars for each offense. Any 
officer or agent of any corporation violating any provision 
of this act, who participates or acquiesces in or is cognizant 
of such violation, shall be fined not less than twenty-five 
dollars nor more than fifty dollars. Any person who vio- 
lates any provision of this act for which a penalty is not 
elsewhere in this act provided, shall be fined not more than 
fifty dollars. Mayors, justices of the peace, and probate 
judges shall have jurisdiction to try the offenses described 
in this act, and their judgment shall be final. When com- 
plaint is made, information filed, or indictment found against 
any corporation for violating this act, summons shall be 
served, appearance made or plea entered, as provided in sec- 
tion 7231, Revised Statutes, except that in complaints before 
magistrates, service shall be made by the constable. In 
every case of complaint against a child involving commit- 
ment to any children's home or juvenile reformatory, the 
board of county visitors shall be notified and must attend 
and protect the interests of the child on the hearing, as pro- 
vided in the act of March 29, 1892 (O. L., 160); and the 
order of commitment of the child to a state reformatory 
must show that the county visitors were so notified and at- 
tended the hearing. 

SEC. 12. Kvery person who, after being once convicted 
for violating any of the provisions of this act, shall be con- 



SCHOOL OFFICERS' GUIDE. 105 

Schools, and Enforced Attendance. Ch. W. 

victed of again violating any of the provisions of this act, 
may, in addition to the punishment by way of a fine else- 
where provided for, be imprisoned not less than ten days 
nor more than thirty days. On complaint, before a mayor 
or justice of the peace, of a second violation of this act in- 
volving the punishment of imprisonment, if a trial by jury 
be not waived, a jury shall be chosen and the case tried, 
after the manner provided in section 3718a Revised Statutes. 

Sec. 13. This law shall not be operative in any school where law in 

..... n- ■ i operatiou. 

district where there are not sufficient accommodations in 

the public schools to seat children compelled to attend the 

public schools under the provisions of this act. It is here- Accommoda- 
tions must be 
by made the duty of every board of education in this state furnished. 

t® provide sufficient accommodations in the public schools 
for all children in their district compelled to attend the pub- 
lic schools under the provisions of this act. Authority to 
levy the tax and raise the money necessary for such pur- 
pose, is hereby given the proper officers charged with such 
duty under the law. 

Sec. 14. It shall be the duty of the state commissioner Dutyofetat.- 

commissioner 

of common schools, within sixty days after the passage of ° f common 

' . r ° school*. 

this act, and from time to time thereafter whenever he may 
deem it advisable, to formulate and forward to the boards of 
education throughout the state, regulations and suggestions 
for the instruction and guidance of all boards, officers, su- 

Section 13. This section does not, in any way, relieve boards of 
education from carrying out the provisions of Section 4007, which 
states that each board shall establish a sumcient number of schools 
to provide for the free education of the youth of school age within 
the district under its control. 

All children compelled to attend school by the provisions of the 
Compulsory Law are of school age, and if sumcient accommodations 
do not exist, they should be provided for at the earliest possible 
moment. 

Attention is called to the fact that this section gives authority to 
levy and raise money necessary to provide sumcient accommoda- 
tions for all children compelled to attend school by the provisions of 
this act. 

General Note. This Compulsory Law is one of the most im- 
portant educational measures of the last twenty-five years. While 
the law, as it now exists in its amended form is easy of interpreta- 
tion, its success will depend largely upon the interest taken in it by 
school superintendents, teachers and boards of education. Teachers 
should never forget that the treatment of the pupil after he has been 
compelled to attend school is a powerful fa'ctor in successfully carry- 
ing out the true spirit of this law. 



®HIO SCHOOL LAWS. 



Cb \i. Schools, and Enforced Attendance. 

perintendents, principals, teachers, and persons charged 
with the enforcement of this act, or any of its provisions. 
ivcpeais, etc. Sec. 15. An act entitled "An act to compel children 

under fourteen years of age to attend school a certain length 
of time each year," passed April 15, 1889 (86 O. L,.', 333), 
and all acts amending the same or any section thereof, are 
hereby repealed. Any provision of any law now in force 
which conflicts with any provision of this act, shall, to the 
extent of such conflict and inconsistency, but not other- 
wise, be held to be superseded by the provisions of this act. 
Sec. 16. This act shall take effect and be in force 
from and after its passage. [86 v. 333; 90 v. 284.] 

THE COMPULSORY EDUCATIONAL LAW OF OHIO 
HELD TO BE CONSTITUTIONAL. 

Prior to the last week of April, 1890, the clerk of the 
board of education, of Toledo, Ohio, acting under the pro- 
visions of section eleven, furnished, through the truant of- 
ficer, the proper blanks to the Rev. Patrick F. Quigley, a 
Catholic priest in charge of St. Francis de Sales parish of 
such city, and by virtue of his pastorate the principal of the 
parochial schools of the parish, and requested him to report 
the names of the pupils of such schools, the date of birth, 
the number of days present, the number of days absent, the 
number of days truant, and their residence. 

Doctor Quigley received the blanks but refused to make 
the report required by the law. 

For this willful refusal to make the reports required by 
law, the Doctor was indicted at the April term, 1890, of the. 
Court of Common Pleas of Lucas county, and in May, 1891, 
was tried and convicted. A motion in arrest of judgment 
was argued before Judge Pugsley and overruled. 

The syllabus of his decision is as follows: 

" 1st. The neglect of the principal of a school to make the re- 
port required by section 11 of the act of April 25, 1890, is an offense 
against the act, and is punishable by a fine as prescribed in section 
13. 

2d. Said offense is within the jurisdiction of the Court of Com- 
mon Pleas, and may be prosecuted by indictment." 

To reverse the judgment of the Common Pleas, error 
was prosecuted to the Circuit Court. 

The syllabus of the decision of the Circuit Court (Scrib- 
ner, Haynes & Bentley, JJ.), rendered by Judge Haynes, is 

as follows : 



SCHOOL OFFICERS' GUIDE. 107 

Schools, and Enforced Attendance. Cb. 9. 

"The statute passed by the General Assembly of the State of 
Ohio, April 25, 1890, entitled "An act to compel children under 14 
years of age to attend school a certain length of time each year:" 
Held to be constitutional. 

The provisions of section 11 of said statute apply to the princi- 
pals and teachers of parochial schools, such schools being included 
in the term "private schools." 

1st. The proviso to section 9 of the set is : "Provided that this 
law shall not be operative in any school district where there are not 
sufficient seating accommodations to seat children compelled to at- 
tend school under the provisions of this act:" Held, the provision 
does not require the furnishing of seating accommodations for chil- 
dren attending private schools. 

Held — further, that the burden of proving that there was not 
sufficient seating capacity was incumbent, in the first instance, upon 
the defendant; but upon the whole evidence the burden of proof re- 
mains with the prosecution. 

Section 13 of the act, as amended, does not give mayors, justices 
of the peace and probate judges exclusive jurisdiction to try persons 
or officers for neglecting to perform duties required of them under 
said act, but the jurisdiction conferred upon them is concurrent with 
that of the Court of Common Pleas. In criminal prosecutions the 
State has a right to demand and have a struck jury to try the case." 
* # , * 

To reverse the judgments of the Common Pleas and 
Circuit Courts, Father Quigley prosecuted proceedings in 
error in the Supreme Court of the State. * * * 

In the Supreme Court the plaintiff in error was repre- 
sented by Hon. Frank H. Hurd and Judge Ritchie, of 
Toledo, and Hon. Edmund F. Dunne, of New York, and 
the State by Hon. John K. Richards, Attorney-General, and 
Mr. J. A. Barbour, prosecuting attorney of Lucas county, 
and ex- Attorney-General D. K. Watson, of Columbus, O. 

On May 10th, the Supreme Court, by a unanimous bench, 
affirmed the judgments of both the lower courts, thus es- 
tablishing the validity and the constitutionality of the com- 
pulsory educational law, and the jurisdiction of the Common 
Pleas Court to try and punish the offense upon indictment. 



lots 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer and Clerk. 



CHAPTER 10. 



ENUMERATION, TREASURER AND CLERK. 



Section 
4030. Yearly enumeration of youth 

to be taken. 
40 jl. Qualification and pay of those 

taking: the same. 
4032. Director to take enumeration 
in sub-district. 
. 4034. Enumeration in joint sub-dis- 
tricts. 

4035. Clerk to transmit abstracts to 

county auditor. 

4036. "When the clerk fails auditor 

to act. 

4037. When county line divides orig- 

inal surveyed township. 

4038. When enumeration not taken, 

district not entitled to school 
funds 

4039. Auditor to furnish abstract to 

state commissioner. 

4040. Duty of state commissioner 

when enumeration excessive, 
etc. 
4011. 1 enalty for making fraudu- 
lent returns. 
4042. Who to be treasurer of school 
funds. 
4043. Bond of treasurer, and duties 
of board in reference thereto. 



Section 

4044. Annual settlement by treas- 

urer with county auditor. 

4045. Penalty for failure to make such 

settlement. 

4046. Treasurer to report balances to 

board. 

4047. When treasurer may receive or 

pay money. 

4048. Maximum amount of funds 

which treasurer may hold. 

4049. Treasurer to deliver money, etc., 

to successor. 

4050. Bond of c.erk. 

4051. When orders of clerk for teach- 

er's pay illegal. 

4052. Duties of clerk as to statistics, 

etc. 
4033. Publication of receipts and dis- 
bursements by clerk, 

4054. Clerk to deliver books, etc., to 

successor. 

4055. How treasurer and clerk to keep 

account. 

4056. Compensation of treasurer and 

clerk. 
6975a. Unlawful to employ certain 
relatives as teachers. 



Yearly enumer- 
ation of school 
youth. 



Who should be 
enumerated. 



ENUMERATION. 

Sec. 4030. There shall be taken in each district, annu- 
ally, during the two weeks ending on the fourth Saturday 
in July, an enumeration of all unmarried youth, noting sex, 
between six and twenty-one years of age, resident within 
the district, and not temporarily there, designating also the 
number between six and eight years of age, the number be- 
tween eight and fourteen years of age, the number be- 
tween fourteen and sixteen years of age and the number 
between sixteen and twenty-one years of age, and the num- 
ber residing in the Western Reserve, the Virginia military 

SEC. 4030 (a). The anuual enumeration should include all un- 
married youth between the ages of six and twenty-one years, who 
at the time of taking such enumeration, actually dwell or have their 
home in the. district, whether such, youth constitute a part of the 
family of their parents or guardians, or are, in good faith and for a 
continuance of time, hired to labor or service in a family actually re- 
siding in such district. 

( b ) . If, however, a youth is staying temporarily in the district 
as a boarder or visitor, or is a member of a family temporarily in the 



SCHOOL OFFICERS' GUIDE. 108 



Enumeration, Treasurer and Clerk. Ch, 1". 



district, the United States military district, and in any orig- 
inal surveyed township or fractional township to which be- 
longs section sixteen, or other land in lieu thereof, or any 
other lands for the use of public schools, or any interest in . 
the proceeds of such lands. [71 v. 15, § 77; 85 v. 192; 87 
v. 80.] 

Sec. 4031. Each person required or employed under How enimipra- 
this chapter to take such enumeration shall take an oath or taken, 
affirmation to take the same accurately and truly to the best 
of his skill and ability. When making return thereof to 
the proper officers, he shall accompany the same with a list 
of the names of all the youth so enumerated, noting the 
age of each, and with his affidavit duly certified that he has 
taken and returned the enumeration accurately and truly 
to the best of his knowledge and belief, and that such 
list contains the names of all the youth so enumerated and 
none others. The officer to whom such return is required 
to be made, may administer such oath or affirmation and 
take and certify such affidavit, and shall keep in his office 
for the period of five years such report and list of names, 
and each person so taking and returning the enumeration compensation 
shall be allowed by the proper board of education reasonable 
compensation for his services, which in sub-districts 
shall not exceed two dollars for each person authorized, re- 
quired or appointed to perform the service. [71 v. 15, § 77; 
80 v. 192.] 

Sec 4032. The director of each «ub-district shall take Director to take 
the enumeration of his sub-district and return the same to the sub-df s r trict n ' 
clerk of the board of education in the manner prescribed in 
this chapter. [70 v. 195 § 78; 89 v. 93.] 

Sec. 4034. The enumeration of the joint sub-district Enumeration in 
in shall be taken by the director of the joint sub-district tricts. 
which the school-house of the subdistrict is situate. He 
shall designate in his report to the clerk the number of youth 
residing in the respective fractions of townships of which 
the sub-district is composed ; and the clerk, if such sub-district 

district and whose actual residence is in another district, such youth 
cannot be legally enumerated. But the temporary residence of a 
family in a district, if such family have at the time no other resi- 
dence, does not exclude the children actually living in andjbelonging 
to such family from enumeration. 

(c). A youth can be legally enumerated in but one district, 
and that is the district in which he actually resides. 

(d). See note (b),- section 4013. 



HO 



OHIO SCHOOL LAWS. 



Cli. 10. 



Enumeration, Treasurer and Clerk. 



Clerks to 
iran-uiit ab- 
stract of enu- 
meration to 
county aud- 
itor. 



is composed of parts of two or more counties, shall trans- 
mit a certified copy thereof, to the auditor of each county- 
having territory within the sub-district. [70 v. 195 § 34; 71 

v. 15, § 77; 72 v. 63, § 36; 89 v. 93.] 

On March 9th, 1893, Section 2 of the "Workman Law" was 
amended to read as follows: 

Sec. 2 All of said original sections of the Revised 
Statutes, together with the amendments heretofore made 
thereto, and amended by this act, are hereby repealed; also 
sections 3918, 3919, c949, 4033, and all acts or parts of acts, 
and all sections or parts of sections in conflict with the pro- 
visions of this act, are, to the extent of such conflict repealed! 
provided, that all township districts composed of one sub- 
district, and that township districts organized as village dis- 
tricts, or that may hereafter organize as such, remain, and 
the boards thereof retain the powers and duties as now con- 
ferred by the Revised Statutes of the state. 

SEC. 4035. The clerk of each board shall, annually, 
on or before the first Saturday in August, make and trans- 
mit to the county auditor, an abstract of the enumeration by 
this chapter required to be returned to him, according to 
the form prescribed by the commissioner of common schools, 
with an oath or affirmation indorsed thereon that it is a cor- 
rect abstract of the returns made to him under oath or affir- 
mation ; and the oath or affirmation of the clerk may be 
administered and certified by any member of the board of 
education, or by the county auditor. [70 v. 195, § 79; 85 
v. 193.] 

Sec. 4036. If the clerk of any district fail to transmit 
such abstract of enumeration on or before the first Satur- 
day in August, the auditor shall at once demand the same 
from such clerk ; and in case the enumeration has not been 
taken as required by this chapter, or the abstract required 
be not furnished without delay, the auditor shall employ 
competent persons to take such enumeration, who shall be 
subject to the legal requirements already specified, except 
that the return shall be made directly to the auditor, who 
may administer to each person employed the oath or affir- 
mation required; and the auditor shall allow the persons 
employed by him a reasonable compensation, to be paid out 
of the general county fund, and shall proceed to recover 
the amounts so paid in civil action before any court having 
competent jurisdiction, in the name of the state, against 



When the clerk 
fails, auditor to 
act. 



SCHOOL OFFICERS' GUIDE. Ill 



Enumeration, Treasurer and Clerk. Ch. 10 



such clerk on his bond, and the amount so collected shall 
be paid into the general county fund. [70 v. 195, § 80 v. 193.] 

SRC. 4037. If parts of an orieinal surveyed township when coum> 

c , . • . . . . line divide. 

or fractional township are situate intwocounties, the audit- ordinal s„r- 

r • 1 • i i . veyed township 

or oi the county in which the smallest part is situate shall, 
so soon as the abstracts of enumeration are received by him 
from the clerks of the boards of education, certify to the 
auditor of the county in which the largest part is situate the 
enumeration of youth residing in the part of the township 
situate in his county; if parts of such township or fractional 
township are situate in more than two counties, like certifi- 
cates of enumeration shall be transmitted to the auditor of 
the county containing the greatest relative portion of such 
township, by the auditors of the other counties containing 
portions thereof; when it is uncertain which county contains 
the greatest relative portion of such township, such certifi- 
cates shall be transmitted to the auditor of the oldest county, 
by the other auditor or auditors; and if the land granted by 
congress to such township or fractional township for the 
support of public schools has been sold, the auditor to whom 
such certificates are transmitted shall notify the auditor of 
state, without delay, that such enumeration has been certi- 
fied to him. [70 v. 195, §§ 121, 130.] 

Sec. 4038. If an enumeration of the youth of a dis- when fimmer 

/ . , , , . . , ,. ation not 

tnct be not taken and returned many year, such district taken, distric 

shall not be entitled to receive any portion of the school to school fuud» 

funds distributable in that year on the basis of enumeration; 

and if such loss to a district occur through the failure of the 

clerk of the board of education of the district to perform 

the duty required of him by either section forty hundred 

and thirty-two, or forty hundred and thirty-five, he shall be 

liable to the district for the loss, which may be recovered in an 

action in the name of the state; and the money so recovered 

shall be paid into the county treasury, and apportioned in the 

same manner as the school funds so lost would have been 

apportioned. [70 v. 195, §§ 120, 124.] 

Sec. 4039. The auditor of each county shall make, Auditor to fur 
and transmit to the state commissioner of common schools, stlte^ommu- 10 



siouer. 



on or before the third Saturday in August, in each year, on 
blanks to be furnished by the commissioner, an abstract of 
the enumeration returns made to him, duly certified. [70 
v. 195, §81; 85 v. 193.] 

Sec. 4040. When the state commissioner of common Duty of state 
schools, on examination of the enumeration returns of any SSS 
district, is of opinion that the enumeration is excessive in |tc° n e 



112 



OHIO SCHOOL LAWS. 



Ch 10. 



Enumeration, Treasurer and Clerk. 



Penalty for 
making- frau 
lent returns. 



number, or in any other way incorrect, he may require the 
same to be retaken and returned, and if he think it neces- 
sary he may for this purpose appoint persons to perform the 
service, who shall take the same oath, perform the same 
duties, and receive the same compensation, out of the same 
funds, as the person or persons who took the enumeration 
in the first instance, and the school fund distributable in 
proportion to enumeration shall be distributed upon the 
corrected returns. [70 v. 195, § 75.] 

Sec. 4041. An officer through whose hands the enu- 
meration required by this chapter to be returned passes, 
who, by percentage or otherwise, adds to or takes from the 
number actually enumerated, shall be deemed guilty of a 
misdemeanor, and, upon conviction of such offense, shall 
be fined in any sum not less than five nor more than one 
thousand dollars, or imprisoned in the county jail not less 
than ten nor more than thirty days, at the discretion of the 
court. [75 v. 195, § 75.] 



Treasurer of 
school J u nds 



Treasurer to 
give bond, aid 
produce funds 
so be counted 
and examined. 



Release of 
surety. 



TREASURER AND CEERK. 

Sec. 4042. In each city district the treasurer of the city 
funds shall be ex-omcio treasurer of the school funds; but 
if the county treasurer is treasurer of the city funds, the 
board of education may appoint one of its members treasurer, 
who shall not receive any compensation for his services; in 
each township district the treasurer of the township funds 
shall be ex-ofhcio treasurer of the school funds; and in each 
village and special district the board of education shall 
choose its own treasurer, whose term of office shall be 
for one year, beginning on the first day of September. [70 
v. 241, § 44; 85 v. 193.] 

Sec. 4043. Each school district treasurer, or county 
treasurer who is ex-omcio treasurer of a school district, 
shall, before entering upon the duties of his office, execute 
a bond, with sufficient surety, in double the probable 
amount of school funds that may come into his hands, pay- 
able to the state of Ohio, to be approved by the board of ed- 

SECTton 4043. (a). Sec. 5841. A surety of the treasurer of school 
funds, in any school district organized under the provisions of law, may 
at any time notify the board of education of the proper district, by giv- 
ing at least five days' notice, in writing, that he is unwilling to continue 
as surety for such treasurer, and will, at a time therein named, make 
application to the board of education to be released from further 
liability upon his bond ; and he shall also give at least three days' 



SCHOOL OFFICERS' OUiDE. 



US 



Enumeration, Treasurer and Clerk. 



Ch. 10l 



ucation, conditioned for the faithful disbursement, accord- 
ing to law, of all such funds which come into his hands; 
such bond, when so executed and approved, shall be filed 
with the clerk of the board of education of the district, 
who shall cause a certified copy thereof to be filed with the 
county auditor without delay; and such board, at the time 
of the approval of such bond, shall require the treasurer 
of the school funds to produce all money, bonds or other 
securities in his hands as such treasurer, the same shall be 
then counted by the board, or a committee thereof, in the 
presence of the clerk of the board, who shall thereupon en- 
ter upon the records of the board a certificate, setting forth 
the exact amount of money or securities so found in the hands 
of such treasurer, which record shall be signed by the presi- 

notice, in writing, to such treasurer, of the time and place at which 
the application will be made. [70 v. 195, \ 48.] 

(6). Sec. 5842. The board of education, upon such notice being xewb&n<&. 
given, shall hear the application, and if, in their opinion, there is 
good reason therefor, shall require the treasurer to give a new bond, 
conditioned according to law, and to the satisfaction of the board, 
within such time as they may direct; and if the treasurer fail to 
execute such bond, the office shall be deemed to be vacant, and shall 
be immediately filled as other vacancies therein; but such original 
sureties shall not be released or discharged until the filing of the new 
bond, or the expiration of the time allowed therefor ; and the cost 
of such application shall be paid by the person making the same. 
[70 v. 195, I 8.] 

{c). In an action against a surety on a township treasurer's 
school bond, conditioned for the faithful disbursement of school 
moneys, a judgment for defendant will not be reversed, when the 
pleadings and evidence show a default by the treasurer only as to 
"township funds" in general items, without specifying that any part 
thereof was school money. The State v. Corey, 16 O. S. 17. 

(d). Township trustees have no authority to release a treasurer 
from his liability for any portion of the school fund belonging to 
the township. State v. Williams, 13 O. 495. 

(e). Bonds must be accepted within reasonable time. 31 O. S. 
451. 

(/). Section 6841 provides heavj- penalties for any officer who 
loans or deposits money belonging to the public. 

But section 21 provides that the illegality of the act of loaning 
such money shall be no hindrance to bringing suit for it. 

{£■). Treasurer's books and accounts are always subject to in- 
spection by the trustees, who shall — see section 1511 — at least once 
each year, make a thorough examination of the same. 

(h). A treasurer who is his own successor must give a new 
bond for the term to which he is re-elected. His former bondsmen 
will not be liable for defaults committed within the term for which 
he is re-elected. Their liability ceased with the expiration of his 



trcas-*tf«.r. 






treastwer's 
bosks. 



llevr bond iau 
«ase of re-elwft- 

tiooa. 



224 



OHIO SCHOOL LAWS. 



Enumeration, Treasurer and Clerk. 



Amarn*! settlc- 
suicftt by treas- 
«sff«rwith 

co aaty auditor. 



dent and clerk of the board, and shall be prima facie evi- 
dence that the amount therein stated was actually in the 
treasury at that date. [70 v. 195, §§ 46, 82 ; 76 v. 16, § 1.] 

Sec. 4044. The treasurer shall, annually, within the 
first three days of September, settle with the county aud- 
itor for the preceding school year* and for that purpose 
shall present a certified statement showing the amount 
of money received, from whom, and on what account, and 
the amount paid out, and for what purposes; he shall pro- 
duce vouchers for all payments made; and if the auditor, 
on examination, find the statement and vouchers to be cor- 
rect, he shall give the treasurer a certificate of that fact, 
which shall, prima facie, be a discharge of the treasurer for 
the money paid; and for making such settlement he shall 
be entitled to receive the sum of one dollar, and also five 
cents per mile for traveling to and from the county seat, to 
be paid out of the county treasury, on the order of the 
county auditor. When the treasurer's term begins on the 
first day of September the annual settlement shall be made 
by the outgoing treasurer. [71 v. 9, § 47; 85 v. 194.] 

Sec. 4045. If the treasurer of any school district will- 
fully or negligently fail to make such annual settlement 
within the time prescribed in the preceding section, he shall 
be liable to pay a fine of fifty dollars, to be recovered in a 
civil action in the name of the state; which amount, when 
collected, shall be paid into the county treasury, and shall be 



f?««u«ity for 
fmilwr* to 
sra&fce swell set 



Ciivv districts. 



TJbbm* elapsed 
l5>r filing'. 

Auditor's power 
assist 4btty. 



former term of office. See 7 O., 2d pt., 221, or 4 Western Law 
Monthly. In case the treasurer of a city district fails to give bond, 
his office may be declared vacant by the city council. See section 
1740, R. S. Should a treasurer present his bond after the time pre- 
scribed for tendering it, and should such bond be accepted, would 
undoubtedly be held good. See 25 O. S. 567. 

SEC 4044 (a). If it is evident to the county auditor that the 
school moneys have been illegally paid out, as they would be if paid 
to any member of a board of education on any contract with such 
board, or as an employe thereof, it is his duty to refuse the treasurer 
credit for the same. If moneys have been paid from the wrong fund, 
as from the school fund, when the law says it must be township fund, 
the auditor must not allow credit to such orders. He should insist 
on their correction by the board, or correct them himself by proper 
debit and credit. 

(b). No voucher should be received by the auditor which he 
lias reason to believe a court of law would reject. No paper is a 
■v/oucher for the payment of money to A, which has not A's receipt on 
it, or accompanying it. An order properly made out, but merely 
marked " paid " by the treasurer, is not a receipt. See section 4047. 



SCHOOL, OFFICERS' GUIDE. 115 



Enumeration, Treasurer aud Clerk. Ch. 10. 



applied to the use of common schools in his district ; and the 
county auditor shall proceed forthwith, in case of such fail- 
ure, to recover the penalty, by suit against such treasurer, 
before any justice of the peace of the county. [71 v. 9, § 47.] 

Sec. 4046. The treasurer shall report to the board of Treasurer to 
education, within ten days after his settlement with the to P b°oard. " 
county auditor, the amount of money in his hands for school 
purposes, and the amount belonging to each fund. [70 v. 
195, § 47.] 

Sec. 4047. No treasurer of a school district, except in wh< u treasurer 

,. . ... r . , . . , , niav receive or 

cases otherwise provided for in this title, shall pay out any pay money, 
school money except on an order signed by the president 
and countersigned by the clerk of the board of education; 
and no money shall be paid to the treasurer of a district, 
other than that received from the county treasurer, except 
upon the order of the clerk of the board, who shall report 
the amount of such miscellaneous receipts to the county 
auditor each year, immediately preceding such treasurer's 
settlement with the auditor. [71 v. 15, § 83.] 

Sec. 4048. The auditor shall in no case permit the Maximum 
treasurer of a school district to have in his hands, at any fuuds'which 
time, an amount of school funds over one-half the amount hoid! im 

\ SEC. 4047 (a). The treasurer should not pay an order for what Treasurer's 
he believes to be an illegal object, until he can consult with other discretion, 
members of the board, and have the question fully investigated. A 
man of discretion is supposed to be chosen to this, as to other offices, 
that the chances for discovering errors and frauds may be multiplied. 

( b ). SEC. 6846. A member of the council or board of aldermen 
of any municipal corporation, or an officer, agent, clerk, or servant Embezzlement 
of such corporation, or any board or department thereof, or an by municipal 
officer, agent, clerk, or servant of any board of education, who, officers, 
knowingly, diverts, appropriates, or applies any funds, or a part of 
any fund, raised under any law, by taxation or otherwise, to any 
other use or purpose than that for which it was raised or appropriated! 
or who, knowingly, diverts, appropriates, or applies, any money bor- 
rowed, or any bond of the corporation, or any part of the proceeds 
of such bond, to any other use or purpose than that for which such 
loan was made, or bond issued, shall be deemed guilty of embezzling 
the amount so diverted, appropriated, or applied, and punished 
accordingly. [ 66 v. 263, \ 671 ; 73 v. 116, \ 1 ]. 

SEC. 6847. Whoever, being intrusted with the care, custody, Selling public 
or control, of any property of the state, or of any county, township, §e°rW y l ° 
or municipal corporation, sells or disposes of the same, for his own 
use, with intent to defraud, is guilty of embezzlement, and shall be 
punished accordingly. [ 69 v. 193, § 2 ]. 

SEC. 4048 (a). The county auditor is, by section 1047, R. S., 
required to open an account with each school district in the county. 



116 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer and Clerk. 



Treasurer to 
deliver mo;:ey, 
etc., to suc- 
cessor. 



Unlawful to 
ofler bribe for 
recommending 
text-book, etc. 



Unlawful to em- 
ploy certain 
relatives as 
t- achers. 



of the penalty in the bond of the treasurer; and before 
giving such treasurer any order for school funds, he shall 
require the treasurer to file with him a statement, to be fur- 
nished by the clerk of the board of education whenever 
necessary for the purpose, showing the amount of funds in 
the treasurer's hands according to the clerk's books. [70 v. 
195,- § 84.] 

Sec. 4049. At the expiration of his term of service 
each treasurer shall deliver to his successor in office all 
books, papers, money, and other property in his hands be- 
longing to the district, and take duplicate receipts of his 
successor therefor, one of which he shall deposit with the 
clerk of the board of education within three days thereafter. 
[71 v. 9, § 47; 85 v. 194.] 

[Sec. 6975a. It shall be unlawful for any person to 
offer or give, directly or indirectly, any reward or considera- 
tion, or make any present or reduction in price to any per- 
son employed in any of the public schools of this state, or 
to any officer having any authority or control over the same 
for favoring, recommending or advocating the introduction, 
adoption or use, in the school in which such person is em- 
ployed, or over which such officer has any authority or con- 
trol, of any text-book, map, chart, globe or other school 
supplies, or to induce him so to do; and it shallbe unlawful 
for any such emploj^e or officer, to accept, or to offer or agree 
to receive or accept any reward, consideration, present, gift 
or reduction in price for so doing; and it shall also be un- 
lawful for any local director or member of a board of educa- 
tion to vote for, or participate in the making of any contract 
with any person as a teacher or instructor in any of the 
public schools of this state to whom he is related as father 
or brother, or to act in any matter in which he is pecuniarily 
interested, or to receive, or to offer to accept or receive any 



Auditor's ac- 
count with dis- 
tricts. 

Money left i n 
cou nty trea :. u ry . 



For condition on which warrant is given the treasurer of any school 
district, see same section-. 

(b). By Veference to section 1122, R. S., it will be seen that 
when desired, the school funds may be permitted to remain in the 
county treasury in which case they may be drawn out by the school 
treasurer in sums not less than one hundred dollars. See also sec- 
tion 1123, R. S. 

SEC 4049 (7299) Any failure or refusal to pay over, or to pro- 
duce the public money, or any part thereof, by an officer or other 
person charged with the collection, receipt, transfer, disbursement, 
or safe keeping of the public money, or any part thereof, whether 
belonging to the state, or to any county, township, municipal cor- 



SCHOOL OFFICERS' GUIDE. IE 



Enumeration, Treasurer and Clerk. Ch. h). 



reward or gain for any official act. Any person violating 
of the foregoing provisions shall, upon conviction, be fiiu d 
not less than twenty-five dollars, and not more than five 
hundred dollars, or be imprisoned not more than six months, 
or both.] [86 v. 207.] 

SEC. 4050. The clerk of each board of education shall l; ndoi cieri 
execute a bond, in an amount and with surety to be 
approved by the board, payable to the state of Ohio, con- 
ditioned that he shall perform faithfully all the official duties 
required of him; which bond shall be deposited with the 
president of the board, and a copy thereof, certified by the 
president of the board shall be filed with the county 
auditor. [70 v. 195, § 45.] 

Sec. 4051. It shall be unlawful for the clerk of a board when orders to 
to draw an order on the treasurer for the payment of a er-s pay u.egai. 
teacher for services until the teacher files with him such re- 
ports as are required by the state commissioner of common 
schools and the board of education, a legal certificate of 
qualification, or a true copy thereof, covering the entire 

poration, or board of education in this state, or any other public 
money whatever, or to account to, or to make settlement with, any 
proper and legal authority, of the official accounts of such officer or 
\ person, shall be held and taken as prima facie evidence of the embez- 
zlement thereof, and upon the trial of such officer or person for the 
embezzlement of public money under section 68^1, it shall be suffi- 
cient evidence, for the purpose of showing a balance against him, to 
produce a transcript lrom the books of the auditor of state, or the 
auditor of the count}', or the records of the commissioners of t'ne 
county; and the refusal of any such officer or person, whether in or 
out of office, to pay any draft, order, or warrant drawn upon him, by 
the proper officer, for any public money in his hands, no matter in 
what capacity the same was received or is held by him, or any refusal, 
by any person or public officer, to pay over to his successor any pub- 
lic money or securities promptly, on the legal requirement of any 
authorized officer of the sta e or county, shall be taken on the trial 
of- an indictment against him for embezzlement as prima facie evi- 
dence of such embezzlement. [ 55 v. 44, \ 15 J. 

SEC. 69/5a. This is classified in the R. S. as one of the sections i ssu ing order*, 
of the Criminal Code, but as the subject-matter pertains entirely to 
schools, it has been thought best to insert here. 

SEC. 4051 (a). If an order is drawn for the illegal payment of 
a teacher, the remedy of the board is a writ of injunction. 

(b). Each of these three documents must be carefully filed 
by the clerk and handed over to his successor in office. 

(c). Persons who are to teach subjects not on the list of stud- wl)rU teacher . B 

ies enumerated in the statute, must have a certificate covering all certificate 

i -l r- ai i_ i must cover, 

such branches. Not only the teacher, but each member of the board 

of education is severally liable for the repayment of money paid 



118 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer and Clerk. 



Annual statisti- 
cal report of 
board of e<iu ca- 
tion : by whom 
prepared. 



time of the service, and a statement of the branches taught ; 
but orders may be drawn for the payment of special teach- 
ers of drawing, painting, penmanship, music, gymnastics, 
or a foreign language, on presentation of a certificate to the 
clerk, signed by a majority of the examiners, and the filing 
with him of a true copy thereof, covering the time for 
which the special teacher has been employed, and the spec- 
ialty taught. [70 v. 195, §§ 53, 94.] 

Sec. 4052. The clerk of each board shall prepare the 
annual report of the receipts and expenditures of school 
money, and the statistical statement in reference to the 
schools, required of the board by section forty hundred and 
fifty-seven, and transmit the same to the county auditor on 
or before the first day of September; provided, that in each 
school district having a superintendent of schools, except 



When members 
of board liable 
for payment of 
teacher. 



Payment of 
uncertificated 
assistant or 
substitute. 



Orders not ne- 
gotiable. 



Order accepted 
by predecessor. 



Order illegally 
issued. 



Acceptance of 
orders. 



under their vote and order, to a teacher who does not hold a certifi- 
cate covering each and every branch taught. The same rule applies 
to all payments made to teachers before reports required by law, by 
the State Commissioner of Common Schools, and by the board of 
education, have been made. 

[d). An assistant teacher who has not a legal certificate can not 
be paid through an order drawn in favor of another teacher who had 
a certificate, nor can any uncertificated teacher, who is employed as 
a substitute, receive pay through another teacher. Section 4074 pro- 
vides that "no person shall be employed as a teacher" who has not a 
legal certificate. It is the duty of the township clerk to refuse to 
draw an order for the payment of money from the school fund when 
he has satisfactory evidence that any portion of such money is to be 
used for the payment of "a teacher not holding a legal certificate. A 
legal certificate must cover the entire time of the teacher's service ; 
must specify all the branches taught, and can neither directly nor 
indirectly be made to legalize another teacher's services. 

(<?). An order drawn by the clerk of the board of education, 
under the statute, in favor of a third person or bearer, on the town- 
ship treasurer, is not negotiable, and a purchaser takes such order 
subject to the same defenses that could be made against it in the 
hands of the payee. The State ex rel. Steinbeck et al. v. Treasurer 
of Liberty Township. 22 O. S., 144. 

The written acceptance of such order by the predecessor of the 
township treasurer, to whom it was presented for payment, imposes 
no greater obligation on the latter to pay the same, than he would 
have been under had it been presented without such acceptance. lb. 

(_/"). If an order has been legally issued, the board of educa- 
tion should recall it, and in case of refusal to return, they should 
enter a suit in equity to recover it or have it canceled. 

{g). If a school treasurer indorses an acceptance of an order 
drawn on him, he is obliged thereby to retain proper funds to meet 
it. But this even is not permissible, unless the order itself is unim- 
peachable. 50 Mo., 425. 



SCHOOL OFFICERS' GUIDE. 119 

Enumeration, Treasurer and Clerk. Ch. lQt. 

city districts of the first class, the annual report, except the 
receipts and expenditures of money, shall be made by the 
superintendent. [70 v. 195, § 82; 85 v. 194.] 

Sec. 4053. The board of education of each district, F-oWicatf©» *>t 
except city districts of the first class, shall require the clerk ciisbursem«v.,t« 
of the board annually, ten days prior to the election for 
members of the board and directors of subdistricts, to pre- 
pare, and post at the place or places of holding such elec- 
tions, or publish in some newspaper of general circulation! 
in the district, an itemized statement of all money received 
and disbursed by the treasurer of the board within the 
school year last preceding. [70 v. 195, § 66.] 

Sec. 4054. Each clerk shall, at the expiration of his ci«rk tt, itHvct 
term of office, deliver to his successor all books and papers success^*' 
in his hands relating to the affairs of his district, including 
certificates, and copies thereof, and reports of school 
statistics, filed by teachers. [70 v. 195, § 84.] 

Sec. 4055. The auditor of each county shall furnish how trw^-or-p* 
to the clerk and treasurer of each school district in his keej^KwwUii. 
county a suitable blank book, made according to the form 
prescribed by the commissioner of common schools, in 
which each shall keep an account of the school funds of his 
district; the clerk's account shall show the amounts certified 
by the county auditor to be due the district, all sums paid 
to the treasurer from other sources on his order, and all 
orders drawn by him on the treasurer, and upon what funds 
and for what purposes drawn; the treasurer's account shall 
show the amounts received from the county treasurer, all 
sums received from other sources on the order of the clerk, 
and the amounts paid out, and from what fund and for 
what purposes paid; and a separate account of each fund 
shall be kept, and each account shall be balanced at the 
close of the school year, and the balance in the treasurer's 
hands belonging to each fund shown. [70 v. 195, § 84.] 

Sec. 4056. The board of education may fix the com- r.wjyjwaaafjpm 

of t- eas-r,rwiA«a 

pensation of clerk and treasurer; the allowance made to the cterk. 
treasurer shall not exceed one per centum of the money dis- 
bursed by him on orders of the board ; but the treasurers of 

Sec 4056. (a). School Commissioner De Wolf anxi Attorney- 
General Nash held the opinion that the compensation provided for 
the township clerk under this section is not to be included in the- 
$150 limit of section 1531, R. S. 

(b). See section 4052, as to duty of clerk to prepare report, and 
of superintendent in certain districts. 



OHIO SCHOOL LAWS. 



Ch 11. 



Reports. 



township districts shall be allowed as compensation one per 
centum on all school funds disbursed by them; and both 
clerks and treasurers should be paid out of the contingent 
fund, oh the order of the board of education, but treasurers 
of city districts shall not be allowed compensation for 
disbursing the school funds; but before such order for pay 
of treasurer shall be made he shall present to the board the 
auditor's certificate of discharge provided for in section four 
thousand and forty-four, Revised Statutes, and before such 
order for pay of clerk shall be made he shall present to the 
board a statement, officially signed and certified by the 
auditor, that he has returned all the reports of statistics for 
that year required by this title. [70 v. 195, § 49; 80 v. 195; 
85 v. 194.] 



CHAPTER 11. 



REPORTS. 



Section 
4057. Annual report by board of 
education. 
In what form to be niade, etc. 
Reports by superintendents 

and teachers 
Duties of county auditors as 
to school statistics, etc. 



40")8. 
40j>9. 



4000. 



Section 

4061. Penalties agaiust auditor and 
clerk. 

4962 When auditor to appoint per- 
son to make reports 

4063. Further penalties against aud- 
itor. 

4064 Compensation of auditor. 



A/rasaMl -report 
Mit"feoaa , d"©t ed- 

iV:ca.t&<an. 

l'/is rfswaaectios! . 



Sis. "wfeat 'forrii t<s 



... 



Sec. 4057. The board of education of each district 
shall make a report to the count}'- auditor, on or before the 
first day of September in each year, containing a statement 
of the receipts and expenditures of the board, the number 
of schools sustained, the length of time such schools were 
sustained, the enrollment of pupils, the average monthly 
enrollment, and average daily attendance, the number of 
teachers employed, and their salaries, the number of school- 
houses and school rooms, and such other items as the com- 
missioners of common schools may require. [70 v. 195, § 
75; 85 v. 195.] 

Sec. 4058. The report shall be made on blanks which 
shall be furnished by the commissioner of common schools 
to the auditor of each county, and by the auditor to each 
school clerk in his count}'; and each board of education, or 
officer or employe thereof, or other school officer in any dis- 
trict or county, shall, whenever, the commissioner so requires, 



SCHOOL OFFICERS* GUIDK. 121 



Reports. Ch. 11. 



report to him direct, upon such blanks as he shall furnish, 
any statements or items of information that he may deem 
important or necessary. L70 v. 195, § 75.] 

Sec. 4059. Boards of education shall require all teach- Reports by sup- 
ers and. superintendents to keep the School records i a SUCh and teachers. 
manner that they may be enabled to report annually to the 
county auditor, as required by the provisions of this title, 
and may withhold the pay of such teachers as fail to file 
with the clerk the reports required of them; they may 
require superintendents to report each year such matters as 
they deem important or necessary for information in regard 
to the management and conduct of the schools, and to make 
such suggestions and recommendations as they may deem 
advisable relative to methods of instruction, school manage- 
ment, or other matters of educational interest ; and the 
board of each city district of the first class shall prepare 
and publish, annually a report of the condition and admin- 
istration of the schools under its charge, and include there- 
in a complete exhibit of the financial affairs of the district. 
[70 v. 195, § 76.] 

Sec. 4060. The auditor of each county shall, on or Duty of county 
before the twentieth day of September, annually, prepare s"hooUtati£ 
and transmit to the commissioner of common schools, an 
abstract of all the returns of school statistics made to him 
from the several districts in his county, according to the 
form prescribed by the commissioner, and a statement of 
the condition of the institute fund, and such other facts re- 
lating to schools and school funds as the commissioner may 
require; he shall, also, cause to be distributed all such cir- 
culars, blanks, and other papers, including school laws and 
documents, in the several school districts in the county, as 
the commissioner may lawfully require; and if the auditor 
neglect to prepare and return any of the abstracts or reports 
herein required, the county commissioners shall withhold 
from him all compensation for his services under this title. 
[70 v. 195, § 123; 85 v. 195.] 

Sec. 4059 {a). Boards of education have power to supply 
themselves with all blanks hooks, order books, and stationery neces- 
sary for the transaction of their official business, and also to supply 
teachers with registers and necessary stationery. 

(b). Every teacher should keep a daily record of the attend- 
ance of each pupil enrolled in his school, and for this purpose should 
be supplied by township or other district board with a suitable 
school register. 



tics, etc. 



122 



OHIO SCHOOL LAWS. 



Ch. 11. 



Reports. 



Penalties 
■gainst auditor 
»nd clerk. 



When auditor 
to appoint per- 
son to make 
reports. 



Further penal- 
ties against 
auditor. 



Compensation 
of auditor. 



Sec. 4061. The auditor shall, also, be liable on his 
bond for any such neglect, in a sum not less than three 
hundred nor more than one thousand dollars, on complaint 
of the commissioner of common schools ; and if the clerk 
of the board of education of any district fail to make the 
annual returns of school statistics required by this title, to 
the county auditor, he shall be liable on his bond, in a sum 
not less than fifty nor more than three hundred dollars, on 
complaint of the county auditor, or of the board of educa- 
tion, to be recovered in a civil action in the name of the 
state, and when collected to be paid into the county treasury, 
and applied to the use of common schools in such district. 
[70 v. 195, § 123.] 

Sec. 4062. Upon the neglect or failure of the clerk of 
the board of education of any district to make the reports 
required in this title, and by the time specified, the count5' 
auditor shall appoint some suitable person, resident of the 
district, to make such reports, who shall receive the same 
compensation therefor, and in the same manner, as is 
allowed by law for like services. [70 v. 195, § 123.] 

Sec. 4063. A county auditor who willfully or negli- 
gently fails, in any year, to transmit to the commissioner of 
common schools the abstract of enumeration required by 
section forty hundred and thirty -nine, or to perform any 
other duty required of him in this title, shall be liable on 
his bond to the extent of twice the sum lost to the school 
districts of his county in consequence of such failure, which 
sum shall be recovered in a civil action against him, on his 
bond, in the name of the state, before any court of compe- 
tent jurisdiction; and the money so recovered shall be' paid 
into the county treasury, for the benefit of such districts, 
and apportioned in the same manner as the school funds so 
lost would have been apportioned. [70 v. 195, §§ 81, 124.] 

Sec. 4064. The commissioners of each county shall 
allow the county auditor, annually, a reasonable compensa- 
tion for his services under this title, not to exceed five dol- 
lars for each city, village, special, and township school district 
in his county, to be paid out of the county treasury; but be- 
fore such allowance shall be made for any year the auditor 
shall present to the commissioners a statement, officially 
certified and signed by the commissioner of common 
schools, that he has transmitted to the commissioner all 
reports and returns of statistics for that year required by 
this title. [70 v. 195, § 125.] 



SCHOOL OFFICERS' GUIDE. 



123 



Examiners. 



Ch. 12. 



CHAPTER 12. 



EXAMINERS. 



Section 
4U65. State board — appointment, 
term of office, and vacancy. 

4066. Board may grant life certifi- 

cates ; record thereof, etc. 

4067. Effect thereof; may be revoked 

for cause. 

4068. Fee for examination. 

4069. County boards — appointment, 

term, and vacancies. 

4070. President and clerk, and cer- 

tain duties of clerk. 

4071. Meeting's of board, and fee for 

examination. 

4072. Disposition o( fees. 

4073. Validity and revocation of cer- 

tificates. 

4074. Certificates a pre-requisite to 

employment ; special duties. 
4.75. Compensation and incidental 
expenses of board. 



Section 

4076. Annual report of clerk, and his 

bond. 

4077. Boards of city districts of first 

class. 

4078. Standard of qualification for 

teachers. 

4079. Organization of board ; bond 

of clerk. 

4080. Meeting and publication of 

notices. 

4081. Examination fee; power of 

board. 
4(182 Compensation of examiners; 
incidental expenses. 

4083. Duties of clerk ; disposition of 

fees. 

4084. Boards of city districts of sec- 

ond class and village dis- 
tricts. 

4085. Who ineligible as examiner. 



STATE BOARD OE EXAMINERS. 



Sec. 4065. There shall be a state board of examiners, 
which shall consist of five competent persons, residents] 
of the state, to be appointed by the state commissioner of 
common schools, not more than three of whom shall belong 
to the same political party. The term of office of such ex- 
aminers shall be five years; the term of one of the exami- 
ners shall expire on the 31st day of August, each year, and 
when one of which shall expire on the 31st of August every 
year, and when a vacancy occurs in the board, whether from 
expiration of the term of office, refusal to serve, or other 
cause, the commissioner shall fill the same by appointment 
for the full or unexpired term, as the case demands. [70 v. 
195, §85; 85 v. 330.] 

Sec. 4066. The board thus constituted may issue 
three grades of life certificates to such as are found to pos- 
sess the requisite scholarship, and who exhibit satisfactory 
evidence of good moral character and of professional ex- 
perience and ability; the certificates shall be for different 
grades of schools according to branches taught, and shall 
be valid in the schools specified therein. The clerk of the 
board shall keep a record of the proceedings, showing the 
number, date and grade of each certificate, to whom granted, 



fitite board of 

examiners 

term. 



May issue life 
certificates of 
different grades. 



Clerk's record. 



2'2-i 



OHIO SCHOOL LAWS. 



Ot 22. 



Examiners. 



"J£>3eet thereof, 
KBJ,y be revoked 
8m caas*. 



fw for esamin- 



'CKmjse-n.tatiosi 
nawS expenses of 
eziuasiners. 



and for what branches of study, and shall report such sta- 
tistics to the commissioner, annually, on or before the 31st 
day of August. [70 v. 195, § 87; 78 v. 31; 85 v. 330.] 

Sec. 4067. All certificates issued by such board shall 
be countersigned by the commissioner of common schools ; 
and such certificates shall supersede the necessity of any 
and all other examinations of the persons holding them, by 
any board of examiners, and shall be valid in any school 
district in the state, unless revoked by the state board for 
good cause. [70 v. 195, § 87.] 

Sec. 4068. Bach applicant for a certificate shall pay to 
the board of examiners a fee of five dollars; and the clerk 
of the board shall pay to the state treasurer, all fees re- 
ceived, and file with the state auditor a written statement 
of the amount. Each member of the board shall be en- 
titled to receive five dollars for each day he is necessarily 
engaged in official service, and also six cents per mile each 
way for traveling from and to his place of residence, by the 
most direct route of public travel to and from the places oi 
meetings of the board, to be paid out of the state treasury 
on the order of the state auditor; all books, blanks and 
stationer) 7 required b3^ the board shall be furnished by the 
secretary of state. [70 v. 195, § 88, 85 v. 330.] 

SEC. 4069. There shall be a board of examiners for 
each county, which shall consist of three competent persons 
to be appointed by the probate judge. Two of such persons 
shall have had at least two years' experience as teachers and 
shall be or shall have been within five years actual teachers 
in properly recognized schools. Such persons shall be resi- 
dents of the county for which they are appointed, and shall 
not be connected with, or interested in any normal school 
or school for the special education or training of persons 
for teachers, or any other private school, or be emplo3 r ed as 
an instructor in any institute in his own county. If an ex- 
aminer becomes connected with, or interested in any such 
school, his office shall become vacant thereby. The term 
of office of such examiners, shall be three } y ears. The term 
of one of the examiners, shall expire on the thirty-first day 
of August, each year; but the probate judge shall revoke 



toaaty boards; 
appointment, 
Stfrco, T&cancies, 

tfts. 



"Who may be 



SEC. 4069. As the statute requires that an examiner shall be 
a resident of the county in -which he is appointed, so the Consti- 
tution, Art. XV, section 4, declares that "no person shall be elected 
or appointed to any office in this state, unless he possesses the quali- 
fications of an elector." 



SCHOOL OFFICERS' GUIDE. l» 



Examiners. Ch. VL 



the appointment of any examiner, upon satisfactory proof 
that he is inefficient, negligent, or guilty of immoral con- 
duct. When a vacancy occurs in the board, whether from 
expiration of the term of office, refusal to serve, or other 
cause, the probate judge shall fill the same by appointment 
for the full or unexpired term, as the case demands, and 
within ten days after an appointment the probate judge 
shall report to the commissioner of common schools the 
name and appointee, and whether the appointment is for a 
full or unexpired term ; and no person shall be appointed to 
the position, or exercise the office of state, county, city, or 
village examiner of teachers, who is the agent of, or is in- 
terested in any book publishing or book selling firm, com- 
pany or business. [85 v. 330; 88 v. 495.] 

Sec. 4070. The board shall organize by choosing from president ami 
its members a president and clerk; the clerk shall keep a county sciWi 
record of the proceedings, showing the number and date of duties of ci.:vk„ 
each certificate issued, and to whom, for what term, and for 
what branches of stud}* - , and such other statistics relating 
to the examination and proceedings as the commissioner of 
common schools may require, and shall report such statis- 
tics to the commissioner annually on or before the first day 
of September; and such boards may make all needful rules 
and regulations for the proper discharge of their duties. 
[70 v. 241, § 95; 8o v. 195.] 

Sec. 4071. Each board shall fix upon the place and Meetings 
times for holding meetings for the examination of appli- for exaiaiajE- 
cants for certificates, notice of which shall be published in 
two weekly newspapers of different political parties printed 
in the county if there are two such papers there published; 
if not, then a publication in only one is required, the meet- 
ings, of which there shall not be more than eighteen in any 
year, shall be held at such place in the county as will, in 
the opinion of the board, best accommodate the greatest 
number of applicants; a majority of the board may examine 
applicants and grant certificates; and as a condition of ex- 
amination, each applicant shall pay to the board a fee of 
fifty cents. [70 v. 195, §§ 90, 91; 89 v. 245.] 

SEC. 4070. The prosecuting attorney is the legal adviser of 
county boards of examiners. See section 1274, R. S. 

SEC. 4071 (a). The law provides for several, not more than Num t, er<3 f 
eighteen, duly advertised meetings of the board for the examination examinati'saas. 
of teachers. The notice seems designed for the accommodation of 
the teachers and examiners both, aud probably to prevent star 



126 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



Private examin- 
ations. 



Notice of 
meeting. 



Certificate must 
cover all 
branches 
taught. 



chamber examinations. The limited number of meetings provided 
for is evidently designed to limit the expenses to the state. It is 
nowhere expressly declared that the board shall not grant certifi- 
cates to individuals except at such advertised meetings. As, how- 
ever, the law has made of three competent persons a board of exam- 
iners, it knows no individual person or persons, as such, who have 
the power to examine, or to determine the qualifications of teachers. 
It requires the official judgment of three men, or a majority of them, 
on every question submitted to examiners for decision. 

{b). A board duly organized, with its president and clerk, con- 
stitutes the authoritative body to which the state has entrusted these 
serious and important duties. Certainly, no meeting for the exam- 
ination of a teacher wonld be able, in any emergency, to give a legal 
certificate, of which meeting all the members have not had due 
notice, unless this defect is cured by the actual presence of all three 
of the members, with common consent to proceed with the examin- 
ation. 

(c). No teacher can draw pay for teaching a single day without 
a certificate which covers all the branches he assays to teach, and the 
penalty is severe as to him, and as to members of any board of edu- 
cation, and any clerk or treasurer who shall unlawfully pay out the 
money of the state — see section 6841. A dilemma may be presented 
under the law itself, which can only be met by considering and con- 
forming to the strongest purpose of the law. This purpose would 
seem to be that the schools shall be kept up, and shall only be 
taught by persons holding certificates. Thus, perhaps, a board may 
be justified in holding a special meeting for the examination of a 
teacher. It should never be done without the most urgent reasons, 
such as a vacancy occasioned by death, or a like pressing emergency. 
It can hardly be claimed that such special, unadvertised meeting is 
such a meeting as is directly provided for by law, and for which pay 
can be drawn. 

(d). It seems that examiners have, in some cases, advertised 
meetings for the examination of candidates for, say, three years' 
certificates only. It is difficult to see the legality or expediency of 
such proceeding. Have not all candidates a right to appear at any 
of the public advertised meetings provided for by law? If one fails 
in a trial for a three years' certificate, may he not be found qualified 
to receive a two years' certificate without the trouble and expense of 
another journey and another fee? 

(e). It has been decided by two or more common pleas courts 
of Ohio, "that the examination of the candidate, and determination 
to grant the certificate being official acts, can only be legally per- 
formed at a session of the board duly organized, and that the whole 
board, as such, is to decide regarding the qualifications of each ap- 
plicant to teach each branch certified to." See also case of McCortle 
v. Bates, 29 O. S., 419, as quoted quite in full under section 3982. All 
its reasoning regarding boards of education applies equally to ex- 
amining boards. 

(/). The board may, in certain cases, call in the aid of a special- 
ist to examine a candidate for them in specific branches. But the 
official mind, as, in cases at the bar, the "judicial mind," must itself 
be satisfied — in this case by the testimony of the expert — that the 



Special meet- 
ing extreme 
cases. 



Examinations 
for special 
grade certifi- 
cates. 



Board must 
decide as to 
each applicant. 



Assistance of 
experts. 



SCHOOL OFFICERS' GUIDE. 127 

Examiners. Ch. 12. 

To provide for a uniform system of examination of teachers in the 
State of Ohio. 

Section 1. Be it enacted by the General Assembly of 
the State of Ohio, That the following section be enacted as 
supplementary to section 4071 of the Revised Statutes, with 
sectional numbering as follows: 

Sec. 4071a. That the secretary of the state board of 
examiners and the state commissioner of common schools 
shall prepare a series of questions for each examination, to 
be used in each county in the state of Ohio, for the exam- 
ination of teachers; and the state commissioner of common 
schools shall procure the printing of the same and distribute 
them to the clerks of the several boards of examiners of the 
several counties in the state. Said questions shall be for- 
warded in time to reach their destination at least two days 
before they are required for use. Said questions shall not 
be opened except in the presence of a majority of the ex- 
amining board on the day and hour of examination. No 
county board of examiners shall use any questions for ex- 
amination of teachers not furnished as herein provided, un- 

^andidate is qualified in each branch, and the board must certify to 
this. 

(g). An official trust cannot be delegated. See III. Central Delegation of 
Law Journal, page 472. The board has no authority, therefore, to ap- official trust, 
point a substitute to perform the duties of any of its members. A 
certificate depending on the signature of such substitute for its 
validity, is worthless. As all citizens are bound to know the law, so 
candidates and school authorities are bound to know who are legal, 
or, at least, de facto public officers. 

(h). If a person ineligible to the office of examiner has been 
appointed in good faith, and without knowledge of this ineligibility, 
it is probable his acts as examiner would be held valid in a court of 
law, as the acts of an officer de facto though not de jure. But it is 
clear that after the attention of the interested parties has been called 
to this ineligibility, that all the future acts of such ineligible per- 
son as an examiner will be null and void, and that any certificate de- 
pending on the signature of such person for its validity, will be 
without legal value. 

(*). An officer commissioned under the initials J. H., signs his signature 
true initials A. J., to a certificate, A. J. being the person in fact in- wrong in. tials. 
tended and appointed, the act and signature are held sufficient by 
the Supreme Court of Ohio. See N. B. Gates, treasurer, vs. Beck- 
with, in II. Western Law Monthly, page 589. 

SEC. 4071a. The use of the questions prepared under this law is 
left to the option of each county board of examiners. If the ques- 



128 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



less by action of the board they may determine otherwise. 
Examinations under this act shall be held on the second 
and fourth Saturday of September, October, November, De- 
cember, February, March, April, May and June, and noth- 
ing in this act shall be so construed as to prevent the several 
county boards from holding less than eighteen examinations 
a year. 

Sec. 2. This act shall be in force and take effect from 
and after its passage. 

Passed April 25, 1893. 

Sec. 4072. The clerk of the board shall pay to the 
county treasurer, quarterly, all fees received, and file with 
the county auditor a written statement of the amount, and 
of the number of applicants, male and female, examined 
during the quarter; and such money shall be set apart for 
the support of teachers' institutes, and applied as provided 
in chapter thirteen. [70 v. 195, § 91; 88 v. 40.] 

SEc. 4073. The board may grant certificates for one, 
two and three years from the day of examination, which 
shall be valid in the county wherein they are issued, except 
in city and village districts that have boards of examiners, 



Disposition of 
ices. 



Certificates 
valid, when and 
where. 



Clerk is treas- 
urer of board. 



Special. 



Antedating 
certificates. 



Amount and 
kind of exam- 
ination. 



tions are used, then the dates of holding meetings must be those 
prescribed in this act. If they are not used, then the dates may be 
fixed by the board of examiners as provided in section 4071. 

Sec. 4072. This section, together with section 4076, implies 
that the clerk is also treasurer of the board of examiners. In the 
latter section, the state requires of him a bond for «the payment to 
the auditor of all moneys that come into his hands as fees. This 
will probably relieve the other examiners of joint personal respon- 
sibility with him for such payment, as he, alone, is authorized to 
handle the funds, and the state assumes the full control of his acts 
under such bond. The other examiners should see, as a matter of 
interest to them, that the clerk conforms to this, and other require- 
ments of the law, as to records, reports, and the like. The law is 
careful to prescribe the limit of the expenses to be drawn. But it 
also prescribes that the money shall be drawn only for necessary and 
actual not constructive expenses, and that such expenses for each 
quarter shall be paid out of the funds received during that quarter. 
This includes the necessary traveling expenses, or such hotel bills, 
as are actually and necessarily paid out, in the discharge of duties 
prescribed by law. 

SEC 4073 (a). The board may grant certificates of the four 
grades only, and since the statute uses the language "from the day 
of examination," it seems to give no anthority to antedate a cer- 
tificate. 

(b). The law does not prescribe the amount or kind of exam- 
ination which the board shall employ to satisfy themselves of the 



SCHOOL OFFICERS' GUIDE. 



129 



Examiners. 



Ch. 12. 



in which they shall not be valid; and the examiners may 
grant certificates for five years to such applicants as in ad- 
dition to the necessary qualifications, have been for three 
years next preceding their application engaged in teaching, 
twelve months of which experience shall have been in one 
place; and such certificate for five years shall be renewable 
upon the same conditions but without examination, at the 
direction of the examining board; and if at any time the 
recipient of a certificate be found intemperate, immoral, in- 
competent or negligent, the examiners, or any two of them, 
may revoke the certificate; but such revocation shall not 
prevent a teacher from receiving pay for services previously 



What certifi 
cates renewable, 
and how. 

How certificates 
may be revoked, 
and for what. 



qualifications of each applicant. It rests on the discretion of the 
board to determine whether it is necessary to subject a teacher who 
has taught with marked intelligence and success, and for years, 
within the circuit of their knowledge, to the same rigid examination 
to which they subject beginners, and those of whose qualifications 
the examiners have no knowledge. 

(c). There is also no reason why examiners should not exer- 
cise their discretion about the further examination of candidates 
who have failed in one or two branches, but who left at a recent ses- 
sion of the board a thoroughly satisfactory record of examination in 
a large part of the branches. 

(d). The revocation of a certificate is not strictly a judicial 
proceeding. The law which clothes the boards of examiners with 
discretionary power, will protect them in the proper use of it. They 
cannot, of course, be mulcted in damages nor removed from office, 
for refusing to grant a certificate, nor for revoking a certificate, in 
the exercise of this discretion. If malice or other undue motive 
enter into the transaction, however, the candidate has his remedy in 
the courts, and the probate judge may remove any members for such 
cause, as a malfeasance in office — an immorality — one of the causes 
enumerated in the law. 

(e). Manifest incompetency to teach or to govern a school, 
cruelty, negligence, and immorality, are enumerated as the causes 
that may lead to a revocation of a certificate. Intemperance is given 
in the law as a ground for refusing a certificate, and this is very 
definite instruction to annul a certificate for this cause. Habitual 
profanity, dishonesty, larceny, and other violations of law would cer- 
tainly justify the annulling of a certificate. 

(/). Notice of such annullment should be given to the boards 
of education concerned, at least. A person cannot draw pay after his 
certificate is annulled. While it is proper to remember that it is a 
very serious thing to exclude a man from the profession, it should 
be remembered that it is still more serious to neglect the intellectual 
and moral interests of pupils, and worse still to appropriate the 
money of the people to promote immorality and brutishness. 

(g). Of course, a board of examiners may revoke for proper 
cause, a certificate granted by its predecessors. 



Discretion of 
examiners. 



Causes foi re- 
vocation. 



Notice of re- 
vocation. 



130 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



rendered ; and when any recipient of a certificate is charged 
with intemperance or other immorality, the examining 
board shall have power to send for witnesses and examine 
them on oath or affirmation touching the matter under in- 
vestigation. The fees and other expenses of such trial 
shall be certified to the county auditor by the clerk and 
president of the examining board, and paid out of the coun- 
ty treasury upon the order of the auditor. [70 v. 195, § 92; 
79 v. 83; 81 v. 55; 85 v. 331.] 

Sec. 4074. No person shall be employed as a teacher 
in a common school who has not obtained from a board of 
examiners, having competent jurisdiction, a certificate of 
good moral character, and that he or she is qualified to teach 
orthography, reading, writing, arithmetic, geography, En- 
glish grammar and the history of the United States, and 
possesses an adequate knowledge of the theory and practice 
of teaching, and if required to teach other branches that he 



Qualifications 
-of teachers. 



Communica- 
i ions to exam- 
ining: board. 



SEC 4074. (a). The provision of the statutes "that no person 
shall be employed" as a teacher unless he has obtained the certificate 
required by law, does not render invalid a contract for employment 
made with the teacher before he obtains the requisite certificate, 
provided he obtains it before entering upon the duties of his em- 
ployment. 22 O. S., 194. 

(b). In Illinois, a certificate was not obtained till the middle 
of the term. A new contract was entered into at that time to pay the 
teacher double wages for the rest of the term. This was considered 
an attempt to do indirectly what there was no power to do directly ; 
and therefore the contract was held void. 71 111., 532. 

{c). A person began teaching under a contract. He taught 
three weeks ; then obtained a certificate and made a written contract 
to run three months from the time he began teaching. Held : That 
he was entitled to wages after certificate was obtained, but to no pay 
for the previous three weeks. 20 Minn., 72. 

(d) . No money can be legally drawn for teaching a day without 
a certificate, and to receive public money illegally is a crime under 
sections 6841 and 6846. 

(e). The principle governing communications to examining 
officers relative to the moral character of an applicant, or his fitness 
to teach, may be gathered from a recent decision of the Supreme 
Court of Michigan. Campbell, J., held: " In the present case the 
communication was fully privileged. It was made by persons inter- 
ested in the school to persons qualified to receive and act on the 
petition, for an honest purpose, and with an honest belief in the jus- 
tice of their action. In such cases no action can be maintained 
even if the complaint is untrue, if not maliciously made." See also 
Foster v. Scripps, 39 Mich., 376. 

(/). As to penalty for bribing or attempting to bribe an offi- 
cer, see section 6900. 



SCHOOL OFFICERS' GUIDE. 131 

Examiners. Ch. 12. 

or she has the requisite qualifications; but persons who de- 
sire or are expected to teach only special studies, such as 
music, drawing, painting, penmanship, gymnastics, German 
or French, or any one of them, or of the primary department 
in any graded school, may be examined in regard to such 
study or studies above mentioned, or with special reference 
to their qualifications to teach in such primary department Primary, 
only, and having obtained a certificate of qualification 
therein, and of good moral character may be employed to 
teach such study or studies, or in such primary department; 
provided, that after January 1, 1889, no person shall be em- 
ployed as a teacher in any common school who has not ob- 
tained from such board of examiners a certificate that he is 
qualified to teach physiology and hygiene. [71 v. 107, § 
93; 79 v. 70; 85 v. 331.] 



To provide for graduation from the common schools of subdistricts 
and special districts. 

SECTION 1. Be it enacted by the General Assembly of 
the State of Ohio, That each board of county school exam- 
iners shall have power to, and shall make all necessary pro- 
visions and arrangements for, and shall hold examinations 
of pupils of the subdistricts in the subjects of orthography, 
reading, writing, arithmetic, geography, physical geography, 
English grammar, United States history and physiology. 
Such examinations shall be held in the county seats on the 
first Saturday of April and May of each year, and shall be 
of such a .character as shall enable the successful appli- 
cants to enter any high school in the county. 

Sec. 2. To each successful applicant who shall deliver 
an oration or declamation, or read an essay in some public 
place provided by the clerk of the township board of educa- 
tion, a diploma shall be formally presented on the first Sat- 
urday of June next after the examination of such successful 
applicant, in the county seat, at the conclusion of the an- 
nual address, which address shall be provided by the 
board of county school examiners. Provided, that the 
township commencement shall be under the direction of a 
teacher of the township who shall have been appointed to 
that duty by the clerk of the township board of education. 

Sec. 3. The tuition of such graduates as may attend 
any village or city high school of the county may be paid 



132 OHIO SCHOOL LAWS. 



Ch. 1-. Examiners. 



by the board of education of the special or township dis- 
tricts in which such pupils may reside. 

Sec. 4. The compensation of the county examiners 
for their official services and the necessary contingent ex- 
penses incident to examinations and commencements, shall 
be paid out of the county treasury in manner provided in 
section 4075 of the Revised Statutes; provided, however, 
that the expenses of the township commencements shall be 
paid by the township board of education. 

SEC. 5. This act shall take effect and be in force from 
and after its passage. 

Passed March 22, 1892. 

compensation s sc> 4075. Bach member of the board shall be en- 

ana expenses 

of board. titled to receive two dollars for each day he is necessarily 

engaged in official service, to be paid out of the county 
treasury on the order of the county auditor; all books, 
blanks and stationery required by the board shall be fur- 
nished by the county auditor. The board may contract for 
the use of suitable rooms in which to conduct examinations, 
procure fuel and light, and employ janitors to take charge 
of the rooms and keep them in order, and the expenses so 
incurred, and also the necessary traveling expenses of the 
examiners, which shall not in any quarter exceed one-third 
the amount of examination fees received, together with the 
cost of advertising required by section 4071, shall be paid 
out of the county treasury on orders of the county auditor, 
who shall issue such orders upon the certificate of the pres- 
ident of the board, countersigned by the clerk. [70 v. 241, 
§95; 83 v. 40.] 

BOXWELL LAW. 

Sections 1 to 4. This is undoubtedly one of the most import- 
ant educational measures ever passed in this state. 

Section 1 plainly provides that all examinations under this law 
must be held at the county seat. 

Section 2, that all orations and declamations should be deliv- 
ered and essays read at some place within the township in which the 
successful applicant lives under the direction of the clerk of the 
township board of education. It is absolutely essential that this 
part of the law shall be complied with before a diploma can be 
granted to any one, and should the township clerk refuse to comply 
with the provisions of this section, he can be prosecuted for non- 
performance of duty. (See section 4050.) Diplomas should be pre- 
sented at the county seat on the date named in the law. 

While provision is made for the payment of the examiners 
there is no provision for collecting fees from the applicants, and, 
therefore, no such fees can be charged. 



vSCHOOL OFFICERS' GUIDE. 133 



Examiners. Ch. 12. 



Sec. 4076. The clerk of the board shall prepare, and Annual i 

r . r of clerk, aucs his 

forward to the commissioner of common schools, on or be- bomi. 
fore the first day of September of each year, a statement of 
the number of examinations held by the board, the number 
of applicants examined, the total number of certificates 
granted, and the number of each term mentioned in section 
forty hundred and seventy-three, the amount of fees re- 
ceived and paid to the county treasurer, the amount received 
from the county treasury, by the members of the board for 
their services, and such other statistics and information in 
relation to the duties of the board as the commissioner may 
require ; and he shall deposit with the county auditor a 
bond, with surety to be approved by the auditor, in the 
sum of three hundred dollars, that he will pa}' into the 
county treasiir} r , quarterly, the examination fees received 
by the board, and make the statistical returns required by 
this chapter. [70 v. 241, § 95; 85 v. 195.] 

Sec. 4077. There shall be a board of examiners for Boards of ex- 

, '.. ,. . ' r , _ , , . , , aminers in city 

each city district or the first class, to be appointed by the districts, a P - 
board of education of the district; such board ma}' con- terms, vacan- 
sist of either three or six persons, as the board of edu- 
cation may determine, and two of the persons appointed 
shall have had at least two years practical experience in 
teaching and shall otherwise be competent for the position 
and residents of the district for which they were appointed ; 
the term of office of such examiners shall be three years; 
the term of one-third of the examiners shall expire on the 
31st day of August each year ; but the board of education 
may revoke any appointment upon satisfactory proof that 
the appointee is inefficient, negligent, or guilty of immoral 
conduct ; when a vacancy occurs in the board, whether from 
expiration of term of office, refusal to serve, or other cause, 
the board of education shall fill the same by appointment 
for the full or unexpired term, as the case demands ; and 
within ten days after an appointment, the clerk of the board 
of education shall report to the commissioner of common 
schools the name of the appointee, and whether the ap- 
pointment is for a full or an unexpired term. [70 v. 19-5 § 
97; 71 v. 107, § 96; 85 v. 332; 88 v. 280.] 

SEC 4076 [a). As the school year begins on the first day of Qunrterly re- 
September of each year, the quarterly payments are to be made for P orc - 
the quarters ending with November, February, May and August. 

(5). The prosecuting attorney is, b}' section 1276, R. S., re- 
quired to inspect the bonds of all county officers and certify that the 
same are sufficient. 



134 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



On ties aad 
powers of city 
boards. 



Orjritmic&tion 

of board; bond 
of clerk. 



Meetings of 
city boards. 



Examination 
fees ; certifi- 
cates valid, 
when and 
where. 



Sec. 4078. Such board of examiners shall determine 
the standard of qualification for teachers, and may examine 
any school in the district when such examination is deemed 
necessary to ascertain a teacher's qualifications, but in the 
examination of applicants and the granting of certificates 
the board shall be governed by the provisions of section 
forty hundred and seventy-four, and to. secure a thorough 
examination of applicants in difficult branches or special 
studies, the board may secure the assistance, temporarily, 
of persons of sufficient knowledge in such branches or 
studies, who shall promise on oath or afiirmation, to be ad- 
ministered by the clerk of^the board of examiners, to per- 
form the duties of examiner faithfully and impartially, and 
superintendents of schools shall give to the board all nec- 
essary information in reference to branches and special 
studies to be taught, and the branches of study and grades 
of school which teachers will be required to teach. [71 v. 
107, § 96; 85 v. 332.] I 

Sec. 4079. The board shall organize by choosing from 
its members a president and a clerk; and the clerk shall 
, give bond in the sum of five hundred dollars, with surety 
to be approved by the board of education, conditioned that 
he will perform faithfully the duties required of him by this 
chapter, which bond shall be deposited with the clerk of 
the board of education. [70 v. 195, § 98.] 

Sec. 4080. The board shall hold not less than two 
meetings each year, notice of which shall be published in 
some newspaper of general circulation in the district, and 
the expense of such publication shall be paid as provided 
in section forty hundred and eighty-two, and all examina- 
tions of applicants shall be conducted at the meetings of 
the boards thus called, and the examination of each 'and 
ever}'' applicant shall be in the presence of at least two 
members of the board. [85 v. 332.] 

Sec. 4081. Each person who applies to the board for 
examination shall pay to the clerk a fee of fifty cents. The 
board may grant certificates for one, two and three years, 
from the day of examination, which shall be signed by the 
president and attested by the clerk, and shall be valid 
within the district wherein the}'- were issued; and the ex- 
aminers may grant certificates for five years to such appli- 
cants as in addition to the necessary qualifications, have 
been for three years next preceding their application en- 
gaged in teaching, eighteen months of which experience 



SCHOOL OFFICERS' GUIDE. 135 

Examiners. Ch. 12. 

shall have been in one place ; and such certificate for five 
years shall be renewable upon the same conditions, but 
without examination, at the discretion of the examining 
board; and on the production of satisfactory evidence that how revoked. 
a person to whom a certificate has been issued is inefficient, 
or guilty of immoral or improper conduct, the board may 
revoke the certificate and discharge such person from em- 
ployment as teacher in the district; but such teacher shall 
be entitled to pay for services to the time of such discharge, 
and the word teacher shall be held to include superintend- 
ent of schools; and when any holder of a certificate is 
charged with intemperance or other immorality, the board 
shall have power to send for witnesses and examine them 
on oath touching the matter under investigation. [70 v. 
195 ; 72 v. 114; 77 v. 7; 78 v. 87; 85 v. 333.] 

Sec. 4082. The board of education shall fix the com- compensation 

r . . . . -n -i , ,1 ■ of examiners ; 

pensation of such examiners, and the persons called to their incidental 
assistance, furnish the necessary books, blanks, and station- expen 
ery for their use, and designate a school building within the 
district in which they shall conduct examinations, and cause 
such building to be lighted and heated if necessary; and 
such compensation, and the incidental expenses incurred on 
account of the board of examiners, shall be paid, by order 
of the board of education, from the contingent fund of the 
district. [71 v. 107, § 96.] 

Sec. 4083. The clerk shall keep a record of the pro- city and village 

■ . examiners ; 

ceedings of the board, and of such statistics as the commis- duties of clerk; 

disposition of 

sioner of common schools may require, and shall report fees, 
such statistics to the commissioner annually, on or before 
the first day of September; he shall pay the examination 
fees received by him to the treasurer of the district within 
ten days after each meeting, and at the same time file with 
the clerk of the board of education a written statement 
of the amount, and also a statement of the number of ap- 
plicants, male and female, examined, and the number of cer- 
tificates granted, and for what terms; and the fees paid to 
the treasurer of the district shall be applied to the support 
of teachers' institutes, as provided in chapter thirteen. [70 
v. 195, § 98; 85 v. 196.] 

Sec. 4084. The provisions of this chapter, relating to Board of school 

r 1-L1 examiners for 

boards of examiners, for city districts of the first class, shall city districts, 

second class and 

be applicable to such boards for city districts of the sec- village dis- 
ond class and village districts having an enumeration of not 
less than seven hundred youth of school age; except that 



136 



OHIO SCHOOL LAWS. 



Ch. 13. 



Teachers' Institutes. 



such boards shall consist of three members, and except also 
that the examination fees shall be disposed of, and state- 
ments filed with the the county auditor, as provided in sec- 
tion four thousand and seventy-two, in all such districts not 
covered by the provisions of section four thousand and 
ninety-three. [70 v. 195; 72 v. 114; 78 v. 87; 83 v. 35; 85 
v. 30.] 

Sec. 4085. No board of county, city, or village exam- 
iners shall have more than one member connected with the 
same school. 



Who ineligible 
as examiner. 



CHAPTER 13. 

TEACHERS' INSTITUTES. 



Section 

4086. County institutes — how or- 

ganized, etc. 

4087. Payment of institute fund to 

committee. 

4088. Report of institute commit- 

tee. 

4089. Forleiture of committee's 

bond. 

4090. When school commissioner 

may hold institute. 



Section 

4091. Teachers may dismiss school 

to attend institute. 

4092. Institute for city district of 

first class. 

4093. Institute for teachers of ad- 

jacent counties. 

4094. Length of sessions ; reports 

of certain institutes. 



Organization. 



Skc. 4086. A teachers' institute may be organized in 
any county, by the association of not less than thirty prac- 
tical teachers of common schools residing therein, who shall 
declare their intention in writing to attend such institute, 

SEC. 4085. Various interpretations of the meaning of this sec- 
tion have been given. This has arisen from the different definitions 
given the word "school" in the several sections of the country. By 
"school" is meant in some of the cities and towns of the eastern 
states, each room of pupils in a school building; but generally there 
as in the west, "school" means all the pupils of a division of a city, 
town, or village, made for school purposes, gathered into one build- 
ing, or sometimes more than one. And tlie same definition applies 
to sub-districts. In any system of schools entitled to a city board 
of examiners, the superintendent, who is not connected with any 
one school specially, but with the system as a whole, can be a mem- 
ber of the board (and ought always to be so) , and as many of the 
teachers as the board of education may choose to select, provided no 
two of them are from the same building. 

SEC. 4086. The purpose of a teacher's institute being the im- 
provement of the teachers entitled to its privileges in their profes- 
sion, it clearly follows that the instruction given therein should be 
mainly upon methods of teaching and the management of schools. 



SCHOOL OFFICERS' GUIBE. 187 

Teachers' Institutes. Ch. 13. 

the purpose of which shall be the improvement of such 
teachers in their profession; such institute shall elect an- Election of 

officers. 

nually, by ballot, a president, secretary and also an execu- 
tive committee to manage the affairs of the institute, which 
committee shall enter into a bond, payable to the state Bond, 
of Ohio, with sufficient surety, to be approved by the county 
auditor, in double the amount of the institute fund in the 
count}'- treasury, for the benefit of the institute fund of the 
county, and conditioned that the committee shall account 
faithfully for the money which will come into its posses- 
sion, and make the report to the commissioner of common 
schools, required by section four thousand and eight, and 
such election of officers shall be held during the session 
of such institute, and at a time fixed by the executive com- TL »? e an 2 

J notice of elec- 

mittee thereof, of which election at least three days' notice tIOQ - 
shall be given the members of such institute by posting 
conspicuously in a room, where such institute is held, a no- 
tice of the time and place of holding such election. [70 v. 
195, § 112; 84 v. 230.] 

Sec. 4087. The declaration and bond mentioned in Payment of 

institute fund 

section forty hundred and eighty-six shall be filed with the to committee, 
county auditor, whereupon the auditor shall give to the in- 
stitute committee an order on the county treasurer for the 
amount of the institute fund in the treasury ; and any por- 
tion of said fund not disbursed by the committee, shall be 
returned to the county treasury on the certificate of the 
county auditor. [70 v. 195, § 112.] 

Sec. 4088. The institute committee shall, within five Teachers' instu 

i r i tutes ; report 

days after the adjournment of the institute, report to the of committee- 
commissioner of common schools, the number of teachers 
in attendance at the institute, the names of instructors and 
lecturers, the amount of money received and disbursed by 
the committee, and such other information relating to the 
institute as the commissioner may require; and on failure 
to make such report the committee shall forfeit and pay to 
the state the sum of fifty dollars. [70 v. 195, § 112; 85 v. 
196.] 

Sec. 4089. Uoon the forfeiture of the committee's Forfeiture of 

■*■ committee's 

bond, the prosecuting attorney of the county shall prosecute bond, 
an action thereon, in the name of the state, and collect any 
money which the committee may have failed to disburse ac- 
cording to law, and any penalty to which the committee may 
be liable under this chapter, and pay the same into the county 
treasury to the credit of the institute fund. [70 v. 195, § 112.] 



138 



OHIO SCHOOL LAWS. 



Ch. 13. 



Teachers' Institutes. 



When school 
commissioner 
may hold in- 
• titute. 



Teachers may 
dismiss .school 
to attend in- 
stitute. 



Institutes for 
city districts of 
the first class. 



Sec. 4090. When a teachers' institute has not been 
held within two years in any county, the commissioner of 
common schools may hold or cause to be held therein such 
institute; and the management thereof and all proceedings 
in relation thereto, shall be the same as hereinbefore pro- 
vided, except that the written declaration required shall not 
be necessary. [70 v. 195, § 114.] 

Sec. 4091. All teachers of common schools within 
any county in which a county institute is held, except those 
employed in city districts of the first class, may dismiss their 
schools for the purpose of attending such institute, for the 
week in which it is held; and boards of education of city 
districts of the first class situate within such counties may, 
by resolution, extend the privilege specified above to the 
teachers employed by them; but no union or graded school 
shall be dismissed for such purpose unless a majority of the 
teachers employed therein assent thereto. [70 v. 195, § 117.} 

Sec. 4092. The board of education of each city dis- 
trict of the first class may provide for holding an institute 
yearly, for the improvement of the teachers of the common 
schools therein ; and general meetings of the teachers of any 
such city district held upon not less than four days in any 
year, whether consecutive days or not, for the purposes of 
instruction, shall be deemed to constitute a teachers' insti- 
tute for said city district within the .meaning of this section ; 
the expenses of such institute shall be paid from the insti- 
tute fund provided for by section 4083; if the board of any 
district do not provide for such institute in any year, it shall 
cause the institute fund in the hands of the district treas- 
urer to be paid to the treasurer of the county wherein the 
district is situate, who shall place the same to the credit of 
the county institute fund, and the teachers of the schools of 



Sec 4091 (a). The privilege of dismissing the schools for one 
week's attendance on the teachers' institute is granted to teachers in 
cities of less than ten thousand inhabitants, without action by the 
board of education. See section 3886. The teacher cannot, under 
the law, draw pay for the work, however. The last clause of the sec- 
tion implies that a majority of the teachers in a system of schools 
may effect their dismissal though the minority of the teachers op- 
pose it. 

( b ). The law under this section does not provide that teachers 
shall require pay for their attendance at the institute ; but the board 
may by resolution allow them their regular salaries during such at- 
tendance. No teacher, however, can be paid for more days than he 
was actually present. 



SCHOOL OFFICERS' GUIDE. 139 

Teachers' Institutes. Ch. 13. 

such districts shall be entitled, in such case, to the advant- 
ages of the county institute, subject to the provisions of the 
preceding section; and the clerk of the board shall make 
the report of the institute required by section 4094. [70 v. 
195, § 118; 90 v. 131.] 

Sec. 4093. An association of teachers of several adja- institutes for 

teachers of 

cent counties may organize an institute for the specific pur- adjacent coun- 

pose of providing for the professional instruction of the 

teachers of the graded schools in such counties, and the 

boards of all city, village, and special districts within such 

counties may contribute from the institute and contingent 

funds under their control, to defray the expenses thereof, 

and may permit teachers employed by them to attend the 

institute one week; and such institute shall appoint a 

secretary, who shall make the report required by the next 

section. [70 v. 195, § 119.] 

Sec. 4094. All institutes held under the provisions of Length of 

i-i • i 1 ' . ' . . , , r . ,. session ; report 

this chapter, except the institute provided for by section of certain in- 
forty hundred and ninety-three, shall continue at least four 
days; and a report of each institute held in pursuance of 
the provisions of sections forty hundred and ninety-two and 
forty hundred and ninety-three, shall be made to the com- 
missioner of common schools within five days after the ad- 
journment thereof, which shall state the number of teachers 
in attendance, the names of the instructors and lecturers, 
the total expenses of the institute, and the portion thereof 
paid from institute funds, and such other information relat- 
ing to the institute as the commissioner may require. [70 
v. 195, §§ 113, 115, 118; 85 v. 196.] 

Sec. 4093. It is quite evident from this section that the fees 
collected by city and village boards of examiners can be used in the 
payment of the expenses of the associations held in different parts 
of the state, the membership of which is composed of teachers of 
several adjacent counties. 

Secs. 4086-4094 [a). Institutes are the people's training 
schools. No matter how great the facilities for instruction in normal 
schools a state may possess, the fact will remain that the mass of 
teachers must get what they are to learn of methods of teaching 
and the management of schools elsewhere. In our state, particu- 
lar!}', we must look to the institute to do this work. 

(b). Professional zeal forms a large element in the success of 
teachers ; and in no way can this success be better shown than by 
a faithful attendance on the teachers' institute and an active interest 
in its work. Boards of examiners are, therefore, fully justified in 
taking this attendance and this interest into consideration in mak- 
ing up the standing of candidates in the theory and practice of 
teaching. 



140 



OHIO SCHOOL LAWS. 



Ch. 14. 



Cincinnati and Toledo Universities. 



CHAPTER 14. 



CINCINNATI AND TOLEDO UNIVERSITIES. 



Section 

4095. Common council of Cincinnati 

may accept educational 
trusts. 

4096. How trust funds to be applied. 

4097. Trusteeship to vest in city , "etc. 

4098. Board of directors, how ap- 

pointed, etc. 

4099. Powers of board. 

4100. Citizens not to be charged for 

admission of children. 



Section' 
4101. Accounts and expenditures. 

When board may confer de- 
grees. 
Site and grounds. 
When and how tax may be 

levied. 
Provisions of chapter applica- 
ble to city of Toledo. 



4102 



4103. 
4104. 



4105. 



Common coun- 
cil of Cincin- 
nati may ac- 
cepteducational 

trusts. 



How trust 
funds are to be 
applied.' 



Sec. 4095. The common council of the city of Cincin- 
nati, in the name and behalf of the city, may accept and take 
any property or funds heretofore or hereafter given to the 
city for the purpose of founding, maintaining, or aiding a 
university, college, or other institution for the promotion of 
free education, and upon such terms, conditions, and trusts, 
not inconsistent with law, as the common council may deem 
expedient and proper for that end. [67 v. 86, § 1]. 

Skc 4096. For the further endowment, maintenance, 
and aid of any university, college, or institution for the pro- 
motion of free education heretofore or hereafter so founded in 
said city, the common council thereof may, in the name and 
in behalf of the city, accept and take, as trustee, and in trust 
for the purpose aforesaid, any estate, property, or funds which 
have been or may be lawfully transferred to the city for such 
use, by any person or body corporate having the same, or any 
annuity or endowment in the nature of income which ma3^ 
be covenanted or pledged to the city toward such use by any 
person or body corporate; and an}*- person or body corporate 
having and holding any estate, property, or funds, in trust or 
applicable for the promotion of education, or the advance- 
ment of any of the arts or sciences, may convey, assign, 
transfer, and deliver over the same to said city, as trustee in 
his or its place, or covenant or pledge its income, or any 
part thereof, to the same; and such estate, property, funds, 
or income shall be held and applied by such city in trust for 
the further endowment or maintenance of such university, 
college, or institution in accordance, nevertheless, with the 



SCHOOL OFFICERS' GUIDE. 



Cincinnati and Toledo Universities. 




terms and true intent of any trust or condition upon which 
the same was originally given or held. [67 v. 86, § 2]. 

Sec. 4097. Upon such transfer, and the acceptance Trusteeship to 
thereof, the city and its successors, as trustee, shall become 
and be perpetually obligated and held to observe and execute 
such trust, in all respects, according to any further terms 
and conditions lawfully agreed upon at such transfer and 
acceptance; and any court having jurisdiction of the appoint- 
ment of trustees of such trusts for educational purposes 
may, in any proceeding for that purpose duly instituted and 
had, appoint and constitute said city, with the consent of 
the common council thereof, trustee of the estate, property 
and funds so transferred to it, and may dispense with the 
bond or surety on the part of the city for the performance 
of such trust, unless the same is required by the original 
terms or conditions thereof, and shall, upon the due transfer 
and acceptance of such trust by the city, release and fully 
discharge the trustee or trustees so transferring the same. 
[67 v. 86, § 2]. 

Sec. 4098. The custody and management of any and Boaids of dire-c- 
all estates, property, or funds so given, or transferred in nap and rSedo 
trust to said city, and the entire administration of any and Sowappohfted, 
all such trusts so accepted by the common council thereof, 
and any university, college, or institution for the promotion 
of education heretofore or hereafter so founded in or by said 
city, except the common and high schools thereof, shall be 
committed to a board of nineteen directors, of whom the 
mayor of the city shall be one, and the others shall be ap- 
pointed by the common council from persons of approved 
learning, discretion and fitness for the office, citizens of the 
city, six of whom shall be appointed from persons nominated 
to the common council by the board of education of the 
city, and twelve from persons nominated to the common 
council by the superior court of said city, if there be such 
court; the terms of office of each director shall be six years, 
but of those first appointed, three shall be appointed for one 
year, three for two years, three for three years, three for 
four years, three for five years, and three for six years, from 
the first day of January next following their appointment; 
such directors shall serve until the election or qualification 
of their successors, and any vacancy in the board caused by 
expiration of term, resignation, removal, or other cause, 
shall be filled by appointment as herein provided, for the 
unexpired term. [67 v. 86, § 3; 78 v. 178.] 



142 



OHIO SCHOOL LAWS. 



Ch. 14. 



Cincinnati and Toledo Universities. 



Powers of board. 



Citizens not to 
be cnarged for 
admission of 
children. 



Accounts and 
expenditures. 



When board 
may confer 
degrees. 



Sec. 4099. As to all matters not herein or otherwise 
provided by law, the directors shall have all the authority, 
powers, and control vested in or belonging to said city, as 
to the management and control of the estate, property, and 
funds given, transferred, covenanted, or pledged to the city 
for the trusts and purposes aforesaid, and the government, 
conduct, and control of the university, college, or institu- 
tion so founded; they may appoint a clerk, and all agents 
proper and necessary for the care and administration of the 
trust property, and the collection of the income, rents, and 
profits thereof, may appoint the president, professors, tutors, 
instructors, agents, and servants necessary and proper for 
such university, college, or institution, and determine their 
compensation, may provide all the necessary buildings, 
books, apparatus, and means and appliances, and pass all 
such by-laws, rules, and regulations concerning the presi- 
dent, professors, tutors, instructors, agents, and servants, 
and the admission, government, and tuition of students, as 
they deem wise and proper; but they may, by suitable 
by-laws delegate and commit the admission, government, 
management, and control of the students, course of studies, 
discipline, and other internal affairs of such university, col- 
lege, or institution, to the faculty which the directors may 
appoint from among the professors. [67 v. 86, § 3.] 

Sec. 4100. The citizens of said city, whose children, 
wards or apprentices are admitted to such institution, shall 
not be charged for such admission, and no charge shall be 
made for the instruction of such pupils. [67 v. 86, § 3.] 

Sec. 4101. The accounts of such trust estate, prop- 
erty, and funds, and of the income and expenditure thereof, 
shall be kept by the city auditor entirely distinct from all 
other accounts or affairs of the city, and the moneys shall 
be kept by the city treasurer distinct from other moneys ; 
and the directors shall at all times confine the expenditures 
within the income of the trust estate, property, and funds, 
and shall annually report to the common council a full 
statement of the accounts and administration of such trusts. 
[67 v. 86, § 3.] 

Sec. 4102. The directors of such university, college, 
or institution may, upon the recommendation of the faculty 
thereof, confer such degrees and honors as are customary in 
universities or colleges in the United States, and such others 
as, with reference to the course of studies and attainments 



SCHOOL OFFICERS' GUIDE. 143 

Cincinnati and Toledo Universities. Ch. 14. 

of the graduates in special departments, they may deem 
proper. [67 v. 86, § 4.] 

Sec. 4103. The common council of said city may set site and 

i . r ii-ii • ji grounds. 

apart and appropriate, as a site for the buildings and 
grounds of the university, college, or institution so founded, 
any public grounds of the city not specially appropriated or 
dedicated by ordinance to any other use or purpose, any law 
to the contrary notwithstanding. [67 v. 86, § 5.] 

Sec. 4104. The board of education of the city may, when and how 

,.. _... -. . tax may be 

upon the application of said board of directors, assess and levied, 
levy a tax on the taxable property of the city, not exceed- 
ing one-tenth of one mill on the dollar valuation thereof, to 
be applied by the board of directors to the support of such 
university, college, or institution; and the board of educa- 
tion shall also assess and levy, annually, not less than three- 
hundredths nor more than five-hundredths of one mill on 
the dollar of such valuation for the establishment and main- 
tenance of an astronomical observatory, in connection with 
such university, college, or institution, the proceeds of 
which shall be paid to the board of directors, and applied by 
them for said purpose exclusively. [67 v. 86, § 5; 75 v. 
133, § 1.] 

Sec. 4105. The provisions of this chapter shall be provisions of 
applicable to the city of Toledo, except that the board of appifcabieYo 
directors shall consist of thirteen members, and the rate of Clty ° 
taxation to be assessed and levied shall not exceed one-half 
of one mill on the dollar of the taxable property of said 
city. '[70 v. 117, §1.] 



Part I, Political— Title III, Executive. 



CHAPTER 13. 



STATE COMMISSIONER OF COMMON SCHOOLS 



Section 

354. Election, term, and how va- 

cancy filled. 

355. Bond. 

356. His office and his attendance 

thereat. 

357. His duty to visit teachers' in- 

stitutes, etc. 

358. His supervision over school 

funds and school officers. 
i 359. Shall prepare and transmit 
forms and instructions. 
360. Shall cause school laws, with 
forms, etc., to be printed 
and distributed. 



Section 
361. Annual report to the general 
assembly or governor. 

What the report shall contain. 

Shall require reports from pri- 
vate schools, etc. 

His duty on complaint of 
fraudulent use of money ; 
appointment of examiner. 

Powers, duties, and compensa- 
tion of examiners. 

Duty of judge and prosecuting 
attorney. 



362. 

363. 



364. 



365. 
366. 



State commis- 
sioner of Com- 
mon Schools, 
election and 
term of. 



His official 
bond. 



Office, etc. at 
the seat of 
government 



Sec. 354. There shall be elected, triennial^, at the 
general election for state officers, a state commissioner of 
common schools, who shall hold his office for the term of 
three years from the second Monday of July succeeding his 
election ; and in case of a vacancy occurring by death, res- 
ignation, or otherwise, the governor shall fill the same by 
appointment. [70 v. 195, § 102 ; 81 v, 89.] 

Sec. 355. Before entering upon the discharge of his 
official duties, the commissioner shall give bond in the sum 
of five thousand dollars to the state, with two or more 
sureties, to the acceptance of the secretary of state, con- 
ditioned that he will truly account for and apply all moneys 
or other property which may come into his hands in his 
official capacity, and that he will faithfully perform the 
duties enjoined upon him according to law; which bond, 
with his oath of office indorsed thereon, shall be filed with 
the treasurer of state. [70 v. 195, § 103.] 

Sec. 356. The books and papers of his department 
shall be kept at the seat of government where a suitable 



SCHOOL OFFICERS' GUIDE. 145 



State Commissioner of Common Schools. Ch. 1.!. 

office shall be furnished by the state, at which he shall give 
attendance not less than ten months in each year, except 
when absent on public business. [70 v. 195, § 104.] 

Sec. 357. The commissioner shall visit, annually, His duties in 

........... ri 1- ' i visiting 1 the is 

each judicial district ol the state, superintending and several judical 
encouraging teachers' institutes, conferring with boards of 
education or other school officers, counseling teachers, visit- 
ing schools and delivering lectures on topics calculated to 
subserve the interests of popular education. [70 v. 195, § 
105.] 

Sec. 358. He shall also exercise such supervision Havesupervi- 
over the educational funds of the sate as is necessary to fund. 
secure their safety and right application and distribution 
according to law. He has the power to require of count3 r May require 
auditors, boards of education, clerks and treasurers of certain officers, 
boards of education, or other local school officers, and 
county treasurers, copies of all reports by them required to 
be made, and all such other information in relation to the 
funds and condition of schools and the management there- 
of as he deems important. [70 v. 195, § 106.] 

Sec. 359. He shall prescribe suitable forms and regu- shall prepare 
lations for making all reports and conducting all necessary 
proceedings under the school laws, and cause the same, 
with such instructions as he deems necessary and proper 
for the organization and government of schools, to be trans- 
mitted to the local school officers, who shall be governed 
in accordance therewith. [70 v. 195, § 107.] 

Sec. 360. He shall cause as man}' copies of the laws Duties as to 
as are necessary, relating to schools and teachers' institutes, school laws" e°tc. 
with an appendix of appropriate forms and instructions for 
carrying into execution all such laws, to be printed in a 
separate volume, and distributed to each county with the 
laws, journals, and other documents, for the use of the 
school officers therein, as often as any change in the laws is 
made of sufficient importance, in the opinion of the com- 
missioner, to acquire a publication and distribution thereof. 
[70 v. 195, § 108.] 

Sec. 361. He shall make on annual report, on or Annual report 
before the fifteenth day of November, to the general assem- sioner 1 ™ 15 
bly, when that body is in session, and when not in session sc 
the report shall be made to the governor, who shall cause 
the same to be published, and shall also communicate a copy 
thereof to the general assembly at the beginning of the ^ 

next session. [70 v. 195, § 109; 85 v. 192.] lj 

10 



146 



OHIO SCOOOL LAWS. 



Ch. 13. 



State Commissioner of Common Schools. 



What it shall 
present. 



Shall require 
reports from 
private schools 
etc. 



Duties of com- 
missioner on 
complaint of 
fraudulent use 
of money, etc. 



Appointment 
of accountant 
to investigate 
charges. 



Sec. 362. In his annual report he shall present a 
statement of the condition and amount of all funds and 
property appropriated to purposes of education ; a statement 
of the number of common schools in the state, the number 
of scholars attending such schools, their sex, and the 
branches taught; a statement of the number of private 
and select schools in the state, so far as the same can be 
ascertained, and the number of scholars attending such 
schools, their sex, and the branches taught; a statement of 
#ie number of teachers' institutes, the number of teachers 
attending them, and the number of instructors and lectur- 
ers, and the amount paid to each; a statement of the esti- 
mates and accounts of the expenditures of the public 
school funds of every description, a statement of plans for 
the management and improvement of common schools, and 
such other information relative to the educational interests 
of the state as he deems of importance. [70 v. 195, § 110.] 

Sec. 363. He shall, annually, require of the president, 
manager, or principal of every seminary, academy, and 
private school, a report of such facts, arranged in such form 
as he prescribes, and shall furnish blanks for such report; 
and it is made the duty of every such president, manager, 
or principal, to fill up and return such blanks within the 
time the commissioner directs. [73 v. 225, § 1.] 

Sec. 364. When a complaint is made to the state 
school commissioner, in writing, verified by the affidavits 
of at least three freeholders and tax-payers, resident of any 
school district in the state, alleging that they have good 
reason to and do believe that any portion of the school 
fund of such district has been expended contrary to law, or 
has been fraudulently, unlawfully, or corruptly used, or 
misapplied, by any of the officers of such district, or that 
there have been fraudulent entries in the books, accounts, 
vouchers, or settlement sheets thereof, by any such officers, 
or that any of such officers have not made settlements of 
their account as required by law, he is authorized and 
required to appoint some trustworthy and competent 
accountant, for the purpose of investigating such complaint, 
who shall forthwith visit such school district and take pos- 
session of all the books, papers, vouchers and accounts of 
such district, and investigate the truth of the allegations of 
such complaint, ahd the condition of the school fund of 
such district; and the several officers of such school dis- 
trict, on the application of such examiner, shall immediately 



SCHOOL OFFICERS' GUIDE. 147 

State Commissioner of Common Schools. Cb. 13. 

place in his possession all their books, accounts, contracts, 
vouchers, and other papers having reference to the receipts 
and disbursements of the school funds; and the county 
auditor and county treasurer shall give such examiner free 
access to all the records, books, papers, vouchers, and 
accounts of their respective officers having reference to the 
object of such investigation. [72 v. 82, § 1.] 

Sec. 365. Such examiner shall have authority to call Powers and 

. . . diit esol exam- 

before him forthwith, upon written notice, and examine wit- i»er. 
nesses, under oath, to be administered by him; and he shall 
immediately after completing such investigation, report in 
writing, in duplicate, setting forth the condition of the 
books, vouchers, and accounts of such district, the amount 
of school funds received for any and all purposes, and from 
whatever source, the amount expended, and for what, and the 
amount actually in the treasury, one copy of which report 
he shall file in the office of the clerk of the court of com- 
mon pleas of the county in which such district is situate, 
and the other copy he shall transmit to the state commis- 
sioner of common schools at Columbus; and the examiner 
so appointed and performing the duties herein required, 
shall receive as compensation a per diem of three dollars Hiscompensa- 
for each day necessarily engaged in the performance of his 
duties, and shall also receive five cents for each mile by him 
necessarily traveled in that behalf; but no mileage shall be 
allowed for a greater distance than from Columbus to such 
district; and such compensation and mileasre shall be paid Payment 

' r , r ■, thereof. 

out ot the county treasurer upon the warrant of the county 
auditor, and if the investigation establish the truth of any 
material allegation in such complaint, then such amount so 
■paid shall be assessed by the county auditor upon the tax- 
able property of the district, to be collected as other taxes 
are for the use of such county treasurer. [72 v. 82, § 2.] 

Sec. 366. The judge of the court of common pleas Adverse report 

_ . % .• oi examiner to 

of the proper county shall examine the report so filed in be given in 

charge to i lie 

the clerk's office, as provided in the preceding section of grand jury, 
this chapter, and if it appears therefrom that an)' part of 
the common or school fund has been fraudulently, unlaw- 
fully, or corruptly used or misapplied, or that there has been 
fraud in any of the entries, accounts, vouchers, contracts, 
or settlements, or that the settlements have not been made 
as required by law, or that there appears any defalcation or 
embezzlement on the part of any of the officers of such 
school district, he shall give the report specially in charge 



148 OHIO SCHOOL LAWS. 



Ch. 13. State Commissioner of Common Schools. 

to the grand jury at the term of the court of common pleas . 
Duty of prose- next after the filing of the same; and the prosecuting 

oiling altor- ,/.,'., i ,.,. . - 

ney. attorney of such county shall forthwith institute and carry 

forward such proceedings, civil or criminal, or both, against 
the delinquent officer or officers of such district as L« 
authorized by law. [72 v. 82, § 3.] 



SCHOOL OFFICERS' GUIDE. 1 !'•» 

Miscellaneous. 



MISCELLANEOUS. 



AN ACT 

To confer additional powers upon county commissioners relating to 
bequests, donations and gifts for the promotion of education. 

Section 1. [Enacted March 21, 1887.] Be it enacted 
by the General Asse?nbly of the State of Okio, That the com- Power of 

r , . >■,« , , • county contmis- 

missioners of the several counties of the state may receive sioners to re- 
bequests, donations and gifts of real and personal property e o^for^duca- 
and money to promote and advance the cause of. education 
in their respective counties; and any and all property and 
money so at any time received by the commissioners of any 
county, or which may have been heretofore bequeathed to 
the commissioners of any count)', and which have been be- 
stowed upon them and remains yet undisposed of by such 
commissioners, ma}', by the said commissioners, at their 
discretion, be paid over to any incorporated institution of 
learning in their respective counties, or a part may be used 
to defray the expenses of the teachers' institute, each year, 
as the said commissioners may, in their discretion, and with Application of 

_ _ -ill such tru.->t 

reference to the terms of the trust, deem best, and upon funds. 
such terms and conditions as they may prescribe, having 
reference to the safety of the fund and its proper applica- 
tion. [84 v. 211.] 

AN ACT 

To authorize boards of education in cities of the second grade of the 
first class to levy a tax for certain purposes therein specified. 

Section 1. [Enacted March 16, 1887.] Be it enacted 
by the General Assembly of the State of Ohio, That boards Cleveland: 
of education in cities of the second grade of the first class ti!emanifai° r 
may annually levy on each dollar valuation of taxable prop- school children 
erty, \ of one mill additional to that now allowed; the pro- private schools 
ceeds of said levy to be applied toward providing manual 
and domestic training for the children of the schools of said 
city, and said board may expend such part of said proceeds 
as it may deem expedient in providing tuition for such 
children in any manual training school that has been or may 



150 



OHIO SCHOOL LAWS. 



Miscellaneous. 



be founded in said city; provided, that at each annual elec- 
tion the corporation controlling said school shall choose as 
directors, at least six persons, who shall be named by such 
board of education, and shall also choose as a director the 
superintendent of the public schools. [84 v. 92.] 



Columbus : 
Power of school 
board to donate 
certain land 
for park pur- 
poses. 



AN ACT 

To authorize school boards to convey lands in certain cases. 

Section 1. [Enacted March 18, 1887.] Be it eyiacted 
by the Ge?ieral Assembly of the State of Ohio, That school 
boards in cities of the first grade of the second class, own- 
ing land, which is no longer used for school purposes, ad- 
joining any public park, may convey the same to the city or 
county owning such park, and in which such land is situated, 
to be held and used as a part of said park. [84 v. 108.] 



Daytou public 
,: brary boa id : 
el-ction of. 



Board equally 
divided politi- 
cally 



Terms of niem- 
bei s. 



Powers of 
board. 



Annual report. 



AN ACT 

To provide for competent and non-partisan public library boards in 
cities of the second class, second grade. 

Section 1. [Enacted March 21, 1887.] Be it enacted 
by the General Assembly of the State of Ohio, That in any 
city of the second class, second grade, the city board of ed- 
ucation may elect by ballot a special board of six competent 
persons, residents of said city or school district, to be called 
the library board, who shall have the control and manage- 
ment of the public library of said city. 

Sec. 2. That the six members of said library 
board shall be selected equally from the two political par- 
ties having the largest representation in the city board of 
education, and shall be elected as follows: Two for a term 
of one year, two for two years, and two for three years; at 
the end of the first year, two shall be annual^ elected, who 
shall hold office for a term of three years. 

Sec. 3. That the said library board shall have power 
to purchase books, magazines, and other proper supplies for 
said library, and employ a librarian and assistant, who shall 
be elected annually; and the vouchers for such expenditure 
and salary account shall be certified to by said board of ed- 
ucation for payment. 

SEC. 4. The said library board shall be required to 
report fully their proceedings and expenditures at least once 
a year, to the board of education of said city, and annually 
report to said board of education an estimate of the expenses 



SCHOOL OFFICERS' GUIDE. 151 



Miscellaneous 



of said library for the succeeding year, and in no case shall 
such expense be allowed to exceed the appropriation there- 
for by said board of education. 

Sec. 5. That the president of said city board of edu- Kx-officio 

. member and 

cation shah be ex-officio a member of such library board, presidents 

board. 

and have the right to preside at the meetings. 

Sec. 6. That whenever a library board shall be elected Annual tax. 
pursuant to the provisions of this act, the board of educa- 
tion of such city shall have the power to levy annually for 
library purposes a tax not exceeding two and one-half 
tenths of a mill per dollar of city valuation, to be certified 
according to law as other levies. [84 v. 171.] 

Section 1. Be it enacted by the General Assembly of 
the State of Ohio, That in village districts, in the county of 
Hamilton, the board of education shall consist of five 
members, except in districts organized under a law provid- 
ing for only three members, who shall have the qualification 
of an elector therein, and in such districts the membership 
may be increased to five, and only one member shall be 
chosen at the next annual election for school officers, to 
serve for three years; and annually thereafter, two, except 
every third year, when only one judicious and competent 
person shall be elected, and if the board consists of three 
members, one such person shall be elected each year; 
provided, that in each special district in said county Boards of edu- 
where the board of education now consists of six members, ia ff e and special 
there shall be chosen at the next annual election for school Hamilton 



officers, by ballot, on the second Monday of April, one 
member to serve for three years, and annually thereafter, 
two members to serve for three years, except every third 
year, when only one person shall be elected to serve for three 
years; five days' notice shall be given of such election. 
The members of such boards now in office, and those here- 
after elected shall serve until their successors are elected 
and qualified; provided further, that the first election under 
this act in village districts shall not take place until the first 
Monday of April, 1884. [80 v. 310.] 

[So much of the act of March 25, 1864, as provided for 
a board of education for the city of Columbus, of one mem- 
ber from each ward, and is still in force, is here given:] 

Section 1. The qualified voters in the several wards 
in the city of Columbus shall, on the second Monday of 
April, 1864, meet in their respective wards, at the places 
designated for holding elections therein, and elect one mem- 



county. 



152 OHIO SCHOOL LAWS. 



Miscellaneous. 



ber of the board of education of said city of Columbus, for 
each of said wards, who shall serve, the members of the 
first, third, fifth, and every ward of said city represented by 
odd numbers, one year; and the members representing the 
second, fourth, sixth, and every ward represented by even 
numbers, two years; and annually thereafter, at the time 
and place specified, there shall be elected in like manner, 
one member of the board of education for each ward in 
said city, in which the term of the member is about to ex- 
pire, who shall serve for two years, and until his successor 
is elected and qualified. Said election shall be held and 
conducted as is provided for county and state elections. 
[61 v. 154.] 



forms and Instructions. 



[Note. — The following blanks are, in so far as applicable, the same 
as given in previous editions of the school law, with such revisions and 
alterations as conformity with the present law renders necessary.] 

CHAPTER I. -FORMS FOR SCHOOL DIRECTORS. 

I. NOTICE OF SUB-DISTRICT SCHOOL MEETING, FOR THE ELECTION 

OF DIRECTORS. 

Notice is hereby given to the qualified voters of sub-district No. , of 

township, county, Ohio, that the next annual school meeting for the election 

of a school director in said district will be held at the school-house [or usual 

place] in said sub-district, on Monday, the day of April, 18 — , beginning at 

o'clock p. M. [a. m.], and closing at o'clock p. m. [a. m.] 

, Director. 

NoTE.^-The above notice to be posted in three or more conspicuous places, at 
least six days prior to the election. Sections 3916 and 3917. 

For filling vacancies see section 3981. When the person to be elected is to fill 
an expired term, the notice should so state. 

II. POLL-BOOK 

Of the election held in sub-district No. , in the township of ,in the county 

of , and State of Ohio, on Monday, the day of April, in the year A.D.18 — . 

A. B., Chairman, and C. D., Clerk, judges of said election were severally sworn, 
as the law directs, previous to their entering on the duties of their respective 
offices. 



Number and names of electors. 


Number and names of electors. 




No. 1 




No. 5 
6 

7 
8 




2 




\ 


3 






4 













It is hereby certified that the number of electors who voted at this election is — 

, Chairman, 

, Secretary, 

Judges. 



154 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



III. TALLY-SHEET 

Of the election held in sub-district No. , in the township of , in the county 

of , and State of Ohio, on Monday, the day of April, in the year A. D. 

18 — , to elect a director for said sub-district. 



Names of candidates. 


Tallies, showing number of votes given 
for each candidate. 


Total. 






















































• 















































We certify 
That — 
That — 
That — 
That — 
That — 



And that 



had votes, 

had votes, 

had votes, 

had votes, 

had votes, 

had votes for director of said sub-district, at the 



election above mentioned. 

- , Chairman, 

, Secretary, 

Judges. 

NOTE. — Th e poll-book and tally-sheet must be signed by the j udges of the election 
before they separate. No signing after such separation is valid. They must be de- 
livered within five days to the clerk of the township. Chapter IV, section 3917. 



IV. MINUTES OF SUB-DISTRICT SCHOOL MEETING. 



Sub-District No. , 

Township, County, Ohio, 

, 18-. 

At a meeting of the qualified voters of said sub-district, held on the second 

Monday of April, 18 — , : was appointed chairman and 

secretary. 

Whereupon, said voters proceeded to elect by ballot, one director of said sub- 
district, for the term of three years [or one director for years, to fill the un- 
expired term of ] ; and upon inspection of the several ballots given at 

said election, it was found and publicly declared, that was duly elected 



for the full term, [or 



for the unexpired term.] 



-, Chairman. 
-, Secretary. 



Note — The clauses in brackets may be omitted when the director is to be 
elected for the full term of three years. 



SCHOOL OFFICERS' GUIDE. 165 

Forms and Instructions. 
V. CERTIFICATE OF ELECTION OF SCHOOI DIRECTORS. 

To the Clerk of Township, County, Onio : 

This is to certify that at a meeting of the qualified voters of sub-district No. 

, township, held on the second Monday of April, 18 — , was 

elected school director, for the term of three years, [or for unexpired term of 
years.] 

, Chairman. 

, Secretary. 

CHAPTER II.— FORMS FOR TOWNSHIP BOARDS OF EDU- 
CATION. 

VI. NOTICE OF MEETING TO VOTE A TAX FOR BUILDING PURPOSES. 
Notice is hereby given by the board of education of township, 



county, Ohio, that there will be a special meeting of the qualified voters of said town- 
ship at , on the day of , at o'clock , to consider the ques- 
tion whether a tax of hundred dollars shall be levied upon the taxable prop- 
erty of said township to purchase a sehool-house site and to build and furnish a 

school-house {or for either of these purposes, as the case may be,} in sub-district 

of said township, the erection of the school-house being, in the opinion of the board, 
necessary, and the rate of tax which the law authorizes the board to levy being in- 
sufficient for the purpose; and the further questions whether the levy shall be made 
from year to year thereafter, and what amount shall be levied each year until the 
actual cost of such site and building is raised. 

By order of said board of education. 

, Clerk. 

, 18—. 

Note. — The ballot used at such an election may be something like the 
following : 

FOR TAX 1EVY FOR SCHOOI, SITE AND BUILDING. 

For levying a tax to purchase site and erect thereon a school building, at a cost 
not to exceed % . No. [Yes.] 

For levying this tax from year to year according to law, the levy in any one 

year not to exceed $ , until the sum of $ and accrued interest is raised and 

paid. No. [Ye .] 

The above form may by slight alterations be adapted to cases in which other 
than township districts are interested. 

VII. OATH OF SCHOOL DIRECTOR. 

The following oath which may be administered by the clerk or any other member 
of the board of education, should be taken by each director before entering upon 
the discharge of his duties. See section 3979. 

You, , do solemnly swear [or affirm] that j'ou will support the con- 
stitution of the United States, and the constitution of the State of Ohio, and that 
you will faithfully and impartially discharge the duties of director, in and for said 

sub -district, number , township, county, Ohio, according to law 

and the best of your ability. 



156 OHIO SCHOOL LAWS. 



Forms and Instructions. 



APPOINTMENT OF SCHOOL DIRECTOR TO FILL VACANCY. 

This is to certify that has been appointed director of sub- 
district number , township, county, Ohio, to fill the vacancy 

caused by of , said appointment to extend until the 

next annual election as provided for in section 3981. 

, President. 

, Clerk. 

VIII. CERTIFICATE FOR TEACHER'S PAY. 

To the Clerk of Township, — County, Ohio : 

This is to certify, that , under a contract duly made and entered 

jnto, taught a common school in sub-district, number , of said township, from 

the day of , 18 , to the day of , 18 , in all weeks, 

at per month ; and that there is due him for said services the sum of . 

By authority of the Board of Education, 



: — , President. 

NOTE. If the board has passed a resolution authorizing the clerk to draw his 
warrant for pay of teachers upon a certificate of services performed signed by the 
director of the sub-district, the above form of certificate can be used by the director. 

IX. DISMISSAL OF TEACHER. 

Whereas, it has been represented to us, and on due investigation we have found, 
according to our best judgment and belief, that , who has been em- 
ployed and is now engaged in teaching a school in sub-district number, , 

township, county, Ohio, is negligent [or here insert any other sufficient cause] 

as such teacher : 

Therefore, is hereby dismissed as teacher of said school. 

Done at a legally convened meeting of said board this day of -, 18 — . 

, President. 

, Clerk. 

Or : Whereas, we have been required by the board of examiners of ■ county, 

to dismiss , now engaged as a teacher in sub-district number , 

township, and county aforesaid, the said board of examiners having revoked his 
certificate for cause : 

Therefore, said is hereby dismissed as teacher as aforesaid. 

Done at a legally convened meeting of said board of education this day of 

,18— 

Witness our hands: 

, President. 

, Cttrk. 



X. NOTICE OF SPECIAL MEETING OF TOWNSHIP BOARD. 

Notice is hereby given that there will be a meeting of the board of education of 
township, county, Ohio, on the day of at o'clock 



at , to consider the question , and other business which may be consid- 
ered necessary to transact. 

, Clerk. 

, 18 . 

Note. The purpese for which a meeting is called should be stated in the notice. 



SCHOOL OFFICERS' GUIDE. 167 

Forms and Instructions. 

XI. CERTIFICATES OF ANNUAL ESTIMATES. 

To the Auditor of County : 

It is hereby certified by the board of education of — township, county, 

that the entire amount of mouey necessary to be assessed on the taxable property of 
said township, and expended therein, for school and school-house purposes, during 
the next school year, as directed by section 39">8, of the Revised Statutes, is dol- 
lars, as follows : 

For continuing sub-district schools ? 

For incidental or contingent expenses — 

For building purposes 

For payment of teachers in township school 

Total $ 

By order of Township Board. 

, Clerk. 

-, 18—. 

XII. CERTIFICATE OF ANNUAL ESTIMATES FOR JOINT SCHOOL. 

To the Auditor of County : 

It is hereby certified by the board of education of township, county, 

Ohio, having charge of the sehool in joint sub-district number , composed of 

parts of and townships, that the amount of money necessary to be as- 
sessed on the taxable property of said townships, to pay the expenses of said-joint 
school during the next school year, as directed by section 3961 of the Revised Statutes 
of Ohio, is dollars, as follows: 



TOWNSHIP. 



For continuation of joint school %- 

For payment of all other expenses - 

Total $- 



TOWNSHIP. 

For continuation of joint school $ 

For payment of all other expenses 

Total $ 

The number of youth enumerated in July last, in the respective parts of 

the townships included in said joint sub-district, was as follows : township, 

; township, ; total, . 

' By order of the Board of Township. 

■ , Clerk. 

, 18—. 

Note. — [In case the townships having territory in a joint sub-district are situ- 
ated in different counties, a copy of the above certificate of estimates should be sent 
to the auditor of each county. 



158 OHIO SCHOOL LAWS. 



Forms and Instructions. 



XIII. DIFFERENT MODES OF ALTERING SUB-DISTRICTS. 

Resolved by the board of education of township, That there be trans- 
ferred and united with sub-district number — , so much of sub-district number — , 
as is bounded as follows : [ describe boundary^] 

Resolved by the board of education of township, That sub-district num- 
ber — is hereby abolished, and there is hereby transferred to and united with sub- 
district number — , so much of the territory of said abolished sub-district as is 
bounded as follows : [describe boundary], and so much of said abolished sub-dis- 
trict as is not herein united with sub-district number — , is transferred to and 

united with sub-district number — . This resolution shall take effect on the 

day of ,18—. 

Resolved by the board of education of township, That so much of sub- 
district nnmber — , as is bounded as follows: [describe boundary], be cut off from 
said sub-district, and that so much of sub-district number — as is bounded as fol- 
lows : [describe boundary], be cut off from said sub-district, and that the territory 
thus cut off from sub-districts number — and — , respectively, is hereby consoli- 
dated and formed into a new sub-district and designated sub-district number — of 
township. r 

Resolved by the board of education of township, That sub-districts num- 
ber — and — are hereby abolished, and that the territory included in said sub-dis- 
tricts at the time of their abolishment is hereby consolidated and formed into a new 
sub-district, and designated sub-district number — of township. This reso- 
lution shall take effect on the day of , 18 — . 

NOTE. When a new sub-district is formed the township board should call a 
meeting of the qualified voters to elect a director. [Section 3922.] 



XIV. NOTICE OF ELECTION IN A NEW SUB-DISTRICT. 

Whereas, The board of education of — ; township, county, did, at 

their last regular meeting, the third Monday of , abolish sub-district nnmber 

— , [ or sub-districts number — and — ] and form from the territory of said sub- 
district, and so much of sub-district number — as is bounded as follows : [describe 
boundary], a new sub-dictrict, to be known as sub-district number — : 

Therefore, notice is hereby given to the qualified voters of said sub-district, 
thus organized and designated, that a meeting for the election of a director will be 

held at , on the day of , from — o'clock to — o'clock , 

said election to be conducted as prescribed in section 3922. 

By order of the Township Board. 

, Clerk. 

, IS—. 

XV. ORGANIZATION OF A JOINT SUB-DISTRICT SCHOOL. 

RESOLUTION OF BOARD TRANSFERRING TERRITORY. 

Resolved by the board of education oj township, That so much of sub- 
district number as is bounded as follows: [describe boundary], is hereby trans- 
ferred, if the board of education of township concur in such transfer, to the 

said township for school purposes, to form with so much of said township as is 
boanded as follows: [describe boundary], a joint sub-district, the school house 
therein to be situated in said township. 



SCHOOL OFFICERS' GUIDE. 159 

Forms and Instructions. 

RESOLUTION OF THE BOARD RECEIVING THE TERRITORY TRANSFERRED. 

Resolved, That the board of education of township hereby concurs in 

the action of the board of education of township transferring so much of said 

township as is bounded as follows: [describe boundary], to this town- 
ship for school purposes, to form with so much of the territory of this town- 
ship as is bounded as follows : [describe b&undary], a joint sub-district with school 
house in this township. 

XVI. PETITION TO BOARD OF EDUCATION FOR JOINT SUB-DISTRICT. 
[To be placed on file by the clerk of the board.] 

To the Board of Education of - — township : 

, 18—. 



Gentlemen: We, the undersigned electors, residing in the territory herein- 
after described, do hereby most respectfully pray your honorable body to establish 
a joint sub-district [special district, additional sub-district] embracing the territory 
bounded as follows: [describe the boundaries and set forth reasons causing this 
petition.] 

And thus the undersigned shall ever pray, etc. 



[Sections 3931, 3932 and 3946.] 

XVII. CLERK'S NOTICE TO MEMBERS OF BOARD. 



18—. 



Dear Sir : You are hereby notified that a petition signed by 



township [or townships], has been presented and filed, praying for the crea- 
tion of a joint sub-district [special district, additional sub-district] to comprise the 
territory bounded as follows : [ describe the boundaries.] 

The board will meet on , the of , 18—, at o'clock , 

for the purpose of considering the prayer of the petitioners. The presence of every 

member is desired. [ Section 3933.] 

, Clerk. 

Note. — [A notice, like the above, with a slight change required, must be sent 
" to the clerks of all other boards of education having jurisdiction over any of the 
territory sought to be affected; and such clerks, upon the receipt of such notice, 
shall in like manner give notice forthwith of the filing of such petition, and of the 
time and place of meeting to each member of their respective boards."] [ Section 
3©33.] 

XVIII. PETITION TO PROBATE JUDGE. 

, , 18—. 

Hon. — , Probate fudge of County, State of Ohio : 

Whereas, the boards of education of township, county, Ohio, and 

of township, in said county and state, having refused, at a meeting held 

[state time and place] to grant our petition [or having failed to meet within the 
time prescribed by law to consider our petition] praying for the creation of a joint 
sub-district [ special district, etc.,] said petition having been filed with the clerk of 



160 OHIO SCHOOL LAWS. 



Form3 and Instructions. 



said towtship board of education, as prescribed by law, on the day of 

, 18—; 

Therefore we, the undersigned petitioners and electors, residents in the territory 
hereinafter described, do hereby most respectfully pray and petition you to appoint 
three judicious, disinterested men of county, and not residents, of the town- 
ship [or townships or districts] to be affected by this petition, to consider the crea- 
tion of a joint sub-district embracing the^.erritory bounded as follows: [describe 
the boundaries.] 

And thus we shall ever pray, etc. 



[ Sections 3934 and 3938.] 

Note. — The above lorm ma}- readily be adapted to cases as thev may arise. 

XIX. REMONSTRANCE AGAINST JOINT SUB-DISTRICT. 

• , ,18-. 

Hon. , Probate Judge of County, State of Ohio: 

Whereas, the boards of education of township, county, Ohio, and 

of township of said county and state, at a joint meeting held on day 

of , 18 — , did establish a joint sub-district composed of territory lying within 

the limits of said townships and bounded as follows: [describe boundary.'] 

Therefore we, the undersigned petitioners and electors, residents of the territory 
thus described, do hereby remonstrate against the action of such boards, and do 
most respectfully pray and petition you to appoint three disinterested judicious men 

of county, not residents of the township to be affected by this petition, to 

consider whether the action of said boards should not be set aside, for the following 
reasons, to-wit: [give reasons.] 



Note — In case the townships lie in different counties or a village or special dis- 
trict is affected, the above form may be changed to suit the circumstances. 

XX. APPOINTMENT OF COMMISSIONERS BY PROBATE JUDGE. 
Mr. . 



Dear Sir : By virtue of authority conferred by law [ section 3938 of the Revised 
Statutes of Ohio], and in response to a petition on file in this office, praying the cre- 
ation of a joint sub-district [special district, etc.] 

I hereby appoint you a commissioner to consider the prayer of the petitioners 
— a copy of which petition will be laid before you — and you are hereby notified and 
directed to meet the other two commissioners, appointed for a similar purpose on 
the day of , 18 — , at o'clock at the school-house in sub- 
district No. , township, county, [if not a school-house then desig- 
nate the place], to consider the expediency of creating a joint sub-district [special 
district, etc.}, and report to this office the result of your deliberations. 

, Probate Judge. 



SCHOOL OFFICERS' GUIDE. 161 

Forms and Instructions. 

XXI. REPORT OF COMMISSIONERS. 

-, — , 18-. 

Hon. , Probate Judge of County, Ohio : 

Dkar Sir: We, the undersigned commissioners, acting under your appoint- 
ment and instructions, dated the da)' of , IS — , respectfully report that 

we met agreeably to notice, and after due deliberation and consideration of facts, 
have granted [or refused, as the case may be,] the prayer of the petitioners, and have 
[ not] established a joint sub-district, a plat and boundaries of which are hereby sub- 
mitted, and have designated a site for a school-house [if there is no school-house 
within the boundaries given ]. 



Commissioners. 
[See section 3941.] 

NOTE.— [ Forms XVI, XVII, XVIII, XIX, XX, XXI, may easily be varied to apply 
to the "creation of an additional sub-district, or for changing the lines of sub-dis- 
tricts, or for the creation of special school districts, or for changing the lines of 
special or village districts, and adjoining sub-districts."] [See section 3946.] 

ORDER ON TOWNSHIP TREASURER FOR TEACHER'S PAY. 

, 18-. 

No. . 

To the Treasurer of Township, County, Ohio: 

Pa)' dollars for services as teacher in sub-district , of said township, 

from , 18 — , to 18 — , in all weeks, at per . 



Township Clerk. 

% • 

Received on the above order, , , 18 — ■, of Township 

Treasurer, the sum of dollars. 

, Teacher. 



XXII. ORDER ON TREASURER OTHER THAN FOR TEACHERS' PAY. 

, 18-. 

No. . 

To the Treasurer of Township, Comity, Ohio: 

Pay , or order, dollars, for [specify for what purpose the 

money is paid] from the contingent school fund [or from the school building fund.'] 
By order of the Township Board. 



-, Clerk. 



-, President. 



Received on the above order, , , 18 — , of Township 

Treasurer, the sum of dollars. 

See section 4047. 
11 



162 OHIO SCHOOL LAWS. 



Forms and Instructions. 



XXIII. LEASE TO SCHOOL DISTRICT. 

Know all men by these presents: 

That , of the county of , and State of , for the consideration 

herein mentioned, does hereby lease unto the board of education of the township 
of , county and state aforesaid, its successors and assigns, the following prem- 
ises, to wit: [Here insert description}, with all the privileges and appurtenances 

thereunto belonging; to have and to hold the same for and during the term of 

years from the — day of , 18 — . And the said board of education for itself and 

assigns, does covenant and agree to pay the said for the said premises, 

the annual rent, of dollars [Insert date of payment]. 

In witness whereof, the said parties hereunto set their hands and seals, this 

of , 18— 

, [SEAL] 

Lessor. 

, [SEAL] 

Chair matt of the Board. 

, [SEAL] 

Clerk. 
Signed, sealed, and acknowledged in the presence of — 



State of Ohio, County, ss.: 

Before me, a in and for said county, personally appeared , 

grantor in the above instrument, and acknowledged the same to be voluntary 

act and deed, for the uses and purposes therein mentioned. 

In testimony whereof, I have hereunto subscribed my name and affixed my 

seal, this — day of , A. D. 18 — . 

Note. — If the lease be for three years or more, it must be acknowledged, attested 
by two witnesses, and recorded. If for a less term, it need not be executed with 
these formalities. See section 4112. The consideration may be money or anything 
else, and the form varied accordingly. The above form is for a long lease. 



XXIV. TOWNSHIP TREASURER'S BOND. 



Know all men by these presents: That we, 
-, are held and firmly bound unto the state of Ohio, in the sum of • 



dollars, for the payment whereof we jointly and severally bind ourselves. 

Signed and sealed by us this day of , A. D. eighteen hundred 

and . 

Whereas, the said ; has been duly elected and qualified as treasurer 

of township, county, and state of Ohio, for the term of 

year — from the day of April, A. D. 18 — , and until his successor is 

elected and qualified, and is therefore ex-officio treasurer of the board of education 
of the township district of said township. 

Now, the condition of the above obligation is such, that if the said 

shall faithfully disburse, according to law, all school funds which come into his 



SCHOOL OFFICERS' GUIDE. 163 

Forms and Instructions. 

hands, then this obligation shall be void; otherwise it shall be and remain in full 
force. 

, [SEAI..] 

, [SEAT..] 

, [SEAL.] 

The above bond approved by said board this day of , A. D. 18 — . 



President of said board. 



Clerk of said board. 

The State of Ohio, County, township, ss. : 

Before me, ,clerk of said township, personally came , 

who, being duly sworn according to law, says that he will support the constitution 
of the United States, and the constitution of the state of Ohio ; and that he will 
faithfully discharge his duties as treasurer of the board of education of the town- 
ship district of township, — county, Ohio, during his continuance in 

said office, and until his successor is chosen and qualified. 

Sworn to beiore me and signed in my presence, on day of , A. D. 

18—. 



Township Clerk. 

XXV. CERTIFICATE OF TREASURER'S BOND. 

To the Auditor of County : 

It is hereby certified that has executed and filed with me a bond for the 

faithful disbursement, as treasurer of township, county, of all 

school funds that may come into his hands as such treasurer ; which bond, dated 

April — , 18 — , is in the penalty of dollars, and has been approved by the 

board of education of said township. 



Clerk of said township. 

Note. — [The above can be altered so as to apply to the bond of the treasurer of 
separate, school district.] 

XXVI. TREASURER'S BOND. 

We hereby acknowledge ourselves as firmly held unto the state of Ohio in the 
sum of dollars, for the payment whereof we jointly and severally bind our- 
selves, our heirs, executors and administrators. 

Signed and sealed by us,this day of , A. D. 18 — . 

The condition of the above obligation is this, that the said has 

been duly chosen and qualified as treasurer of the board of education of the* 

district of , in township, county, and state of Ohio, for the 

term of one year from the day of April, A. D. 18 — , and until his successor is 

chosen and qualified; now if the said shall faithfully disburse, ac- 



164 OHIO SCHOOL LAWS. 



Forms and Instructions. 



cording to law, all sc'.iool funds which come into his hands, then this obligation 
shall be void; otherwise it shall be and remain in full force and effect. 

, [SEAL.] 



, [SEAL.] 

, [SEAL.] 

The above bond approved by said board this rday of , A. D. 18— 



President of said board 



Clerk of said board. 
The State of Ohio, County, — Township, ss.: 

Before me, t , personally came , and was duly sworn, 

according to law, to support the constitution of the United States, and the consti- 
tution of the state of Ohio ; and perform faithfully his duties as treasurer of the 

board of educatiou of the * district of , in township, 

county, Ohio, during his continuance in said office, and until his successor 

is chosen and qualified. 



Sworn to before me and signed in my presence, on this day of- 

18 , by the said . 



of said board. 



XXVII. CLERK'S BOND. 

Know all men by these presents : That we, , ,are 

held and firmly bound unto the state of Ohio, in the sum of dollars, 

for the payment whereof we jointly and severally bind ourselves. 

Signed and sealed by us this day of , A. D. eighteen hun- 
dred and : . 

Whereas, the said has been duly chosen and qualified as clerk of the 

board of education of* district of , in town- 
ship, county, and state of Ohio, for the term of one year from the 

day of April, A. D. 18 , and until his successor is chosen and qualified. 

Now, the cond.tiou of the above obligation is such, that if the said 

shall faithfully perform all the official duties required of him as clerk of said board 
then this obligation will be void ; otherwise it shall be and remain in full force. 

, [ SEAL.] 

, [ SEAL.] 

, [SEAL.] 

The sureties on the above bond, and its amount, approved by said board this 
day of , A. D. 18 . 

President of said board. 



Clerk of said board. 

The State of Ohio, County, Township, ss. : 

Before me, t- , personally came , who, being duly sworn 

according to law, says that he will support the constitution of the United States 

[* Here Write " villlage or special" as may be ] 

LfThe oath may be administered by the clerk of the board, or any of its members. See 
section 3979. Here write (using correct name) "A. B., clerk (or a member) of the board below 
named."] 



SCHOOL OFFICERS' GUIDE. 165 

Forms and Instructions. 

and the constitution of the state of Ohio; and that he will faithfully discharge his 

duties as clerk of the board of education of the* district of , 

in township, r county, Ohio, during his term of office, and 

until his successor is chosen and qualified. 



XXVIII. TOWNSHIP CLERK'S BOND. 
Know all men by these presents: That we, 



of said board. 



, , are 

held and firmly bound unto the state of Ohio, in the sum of dollars, for 

the payment whereof we jointly and severally bind ourselves. 

Signed and sealed by us this day of , A. D. eighteen hun- 
dred and . 

The condition of the above obligation is such that, whereas, the said 

has been duly elected and qualified as clerk of township, 



County, and state of Ohio, for the term of two from the day of April, A. D. 

18 , and until his successor is chosen and qualified, and is, therefore, ex-ofncio 

clerk of the board of education of the township district of said township. 

Now, if the said shall perform faithfully all the official duties 

required of him as clerk of said board, then this obligation will be void ; otherwise 
it will remain in full force. 

, [seal] 

, [ SEAL.] 

, [ SEAL.] 

The sureties on the above bond, and its amount, approved by said board this 
day of , A. D. 18 . 



President of said board. 
Clerk of said board. 

The State of Ohio, County, Township, ss. : 

Before me, , clerk of said township, personalty came , 

who, being duly sworn according to law, says that he will support the constitution 
of the United States and the constitution of the state of Ohio ; and that he will 
faithfully discharge his duties as clerk of the board of education of the township 

district of township, county, Ohio, during his term of 

office, and until his successor is chosen and qualified. 



Sworn to before me and signed in my presence, on this day of , 

A. D. 18 . , 

'Township clerk. 

XXIX. REPORT AND CERTIFICATE OF SCHOOL FUNDS IN TREASURY. 

We hereby certify that, by a count, as required by law, of all the money, bonds, 

and securities in the hands of , treasurer of township [ or 

district], county, Ohio, made this day of , 

[* The oath may be administered by the outgoing clerk of the board or by any of its mem- 
bers. Here write (using correct name) "A. B., "clerk (or a member) of the board below 
named,"] 



166 OHIO SCHOOL LAWS. 



Forms and Instructions. 



18 — -, in the presence of the clerk of the board, we find dollars [and bonds, 

etc., in value amounting to dollars] school funds to be in the treasury on the 

date above named, and we have directed the clerk to enter upon the records of the 
board a copy of this report. 

(Signed,) , 



Board {or committee) 

Attest, , President. 

, Clerk. 

[See section 4043, Revised Statutes.] 

XXX. FINAL RECEIPT OF TOWNSHIP TREASURER. 

Received, , 18 , of , late treasurer of township, 

county, the following moneys and school property, to wit : 



dollars, being part and parcel of the fund, also, etc. 



Treasurer. 
XXXI. FINAL RECEIPT OF TOWNSHIP CLERK. 

Received, , 18 , of , late clerk of town- 
ship, the school-money account-book, the record book of the township board, the 
copy of the school laws, the certificate and reports of teachers required by law to be 
filed in his office, and the other official books and papers relating to schools, in his 
hands. 



Clerk of said board. 
[See section 4054.] 

Note. — [The incoming clerk should be specially careful to receive all the books 
and documents specified in the above receipt. This form can readily be altered to 
answer for any other district.] 

Forms to be used under the provisions of the Compulsory Education Law: 



NOTIFICATION TO PARENT OR GUARDIAN OF NON-ATTENDANCE. 

(Under Sec. 7.) 



The State of Ohio, County, ss. : 

To 

You are hereby not fied that a child between the ages 

of and years, tinder your charge, is not attending school 

withottt lawful excuse and in violation of law. You are required to cause the said 
child to attend some recognized school within five days from the date of this notice. 

You are warned that if the truancj' of said is persisted 

in, the final consequences will be as is provided by law. 

Witness my hand, this day of 189 — 



Truant officer of ■ 



County, Ohio. 



SCHOOL OFFICERS' GUIDE. 



167 



Forms and Instructions. 



NOTICE TO TRUANT OF NON-ATTENDANCE. 

(Section 7.) 



County, ss. : 
a child between the ages of 



and- 



The State of Ohio, 

To - — 

years. 

You are hereby notified that as you are not attending school without lawful ex- 
cuse and in violation of law ; you are required to attend some recognized school 
within five days from the date of this notice ; and you are warned that if your tru- 
ancy is persisted in, the final consequences will be as is provided by law, the sub- 
stance of which law is indorsed hereon. 

Witness my hand, this day of 189— 



Truant officer of - 



-County, Ohio' 



To 



NOTICE TO EMPLOYERS OF YOUTH. 



[here insert name of person, company or corporation] : 



Your attention is respectfully called to sections 2, 3, 5 and 11 of an act passed 
by the General Assembly, April 25, 1893, to compel the elementary education of 
children. 

In compliance with the provisions of this act, }'ou are requested to return to 
me on this blank the names, ages, and residence of all minors under fourteen years 
of age employed by you, also all minors* between fourteen and sixteen years of age, 
and to state whether you have a certificate from the superintendent of schools, or 
clerk of the board of education, that authorizes you to employ such minors. 



* Cierk of 



Board of Education. 



Names of minors. 


Age. 


Residence. 


Certificate — Yes or no. 



























































* In cities this notice may be signed by the superintendent of schools. 



168 



OHIO SCHOOL, LAWS. 



Forms and Instructions. 



TEACHER'S REPORT. 

( Under Sec 6. ) 



o., 



To the Clerk of the Board of Education of - 



189— 

— Co., O. 

The following is a correct list of the scholars attending my school at the time 

of this report, being the last week in 189 — . 

, Teacher. 



Names of scholars. 


Age. 


Residence. 


















• 



























SCHOOL OFFICERS' GUIDE. 



1(59 



Forms and Instructions. 



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ABSTRACT— section. page. 

Enumeration, return of, to be made by county auditor 4039 111 

School statistics to be returned by county auditor 4060 121 

ACADEMY— (See Private Schools.) 
ACCOUNT BOOKS— 

Auditor to furnish clerks and trustees with 4955 119 

ACCOUNTANT— 

Appointed to investigate fraudulent use of money 301 146 

ADVERTISEMENT— . 

Of bids for building school-houses 8988 68 

AFFIDAVIT— 

Complaining of fraudulent use of money 364 146 

AGE— ( See School Age) 
ALCOHOLIC DRINKS— 

Effects of shall be taught 93 

ANNUAL ESTIMATES— 

To be made by board 3958 44 

To be made by county commissioner, when 3969 49 

For joint sub-district, by whom made 3941a, 3961 37, 46 

AFPARAT US- 
May be furnished by board 3995 74 

APPEAL- 
TO county commissioners, when 8S93, 3967 8, 48 

In case of refusal to excuse child from school 1 86 

APPOINTMENT— 

Commissioners to consider formation of joint sub-district.. 3938 36 

Board of education to fill vacancy by 39S1 58 

Librarian 3998 76 

Examiners, state board 4065 123 

Examiners, county board 4069 124 

Examiners, cit}- and village boards 4077, 4084 133, 135 

Truant officer 5 99 

Directors of Cincinnati and Toledo universities 4098 141 

To fill vacancy in office of school commissioner 354 144 

Accountant to investigate charges 364 146 

Of teacher to conduct township commencement under 

Boxwell law 2 131 

Auditor of accounts to be appointed by board of educa- 
tion 3980 58 



17-2 INDEX. 

APPORTIONMENT OF SCHOOL FUNDS— SECTION. pace. 

State common school fund, irreducible fund, etc 3956 43 

By count}' auditor, how made 3964 47 

When county line divides original township 3966 48 

Contingent fund by board of education 3967 48 

By county commissioners, when 3967 48 

Once made cannot be reapportioned 3967 48 

APPROPRIATION OF PROPERTY— 

How made for school purposes 3990 71 

ASSIGNMENT OF YOUTH— 

May be made by board of education 4013 84 

ATTENDANCE ENFORCED— 

What children must attend school 1, 2, 3, 4, 7, 10, 96, 98, 99, 100, 103 

When attendance must begin, and for what period 1 96 

Under what conditions child may be excused from attend- 
ance 1 96 

When refusal to excuse child may be appealed to probate 

judge 1 96 

When child must attend full term 1 96 

Unlawful to employ certain children, when 2 98 

What children must attend half of each day, evening 

school or private school , 3 98 

When a child is deemed a juvenile disorderly person 4 99 

Appointment of truant officer, compensation, powers and. 

duties of. . 5 99 

Truant officer to keep a record and make daily reports, etc.. 5 99 

Certain reports to be made by principals and teachers 6 100 

Clerk of the board of education must furnish all blanks... 6 100 

Proceedings in case of truancy 7 100 

Penalties against parents, guardians, etc., for failure to 

cause child's attendance 7 100 

When parent not liable for non-attendance of child 8 101 

Probate judge to hear complaint against juvenile disor- 
derly person 8 101 

How costs paid for transportation of child to juvenile re- 
formatory 8 101 

Relief furnished to poor children, when and by whom 9 102 

Provisions of the law applicable to children entitled to 

attend institution for deaf and dumb 10 103 

Truant officer to report such children to probate judge.... 10 103 
Penalties imposed upon persons or officers for neglect of 

duty 11 104 

What officers have jurisdiction to try offenses under the 

law 11 104 

Board of county visitors must attend trial of juvenile dis- 
orderly person 11 104 

Penalty for repeated violation of the law 12 104 

A jury may be chosen in certain cases 12 104 

Boards must provide accommodations to seat children 13 105 

May levy tax to provide such accommodations 13 105 

State commissioner of schools to perform certain duties... 14 105 

Boards of education may supply books, when 4026 96 



JLNDEX. 173 

AUDITOR OF STATE— SECTION. PAGE. 

Apportionment of school fund by 3956 43 

Superintendent of " common school fund" 3953 42 

To keep proper accounts of trust funds : 3955 42 

AUDITOR— (See County Auditor) 

BEQUESTS— 

To common school fund 3955 42 

Disposition of money arising therefrom 3955 42 

May be accepted by boards 3975 55 

May be received by county commissioners 1 149 

BIDDING— 

Directions for, on school-houses 3988 68 

BLANKS— 

By whom furnished 4058 120 

To be distributed by county auditor 4058, 40(30 120, 121 

To be furnished by clerk of board of education, when 100 

BOARD OF EDUCATION— (See City Districts of First 
Class, City Districts of Second Class, Village, Special, a?id 
Township Districts, etc.) 

May transfer territory 3893 8 

May provide for organizing township into village district.. 3894 9 

Organization, how effected 3895-6 9 

General powers and duties, (bodies politic and corporate).. 3971 62 

May sell aud exchange real estate 3971 52 

May sell real estate at private sale, when 3971 52 

Has title to what property < 3972 53 

Property exempt from sale on execution.... 3973 54 

" Property vested in, exempt from taxation 3973 54 

Conveyances aud contracts by 3974 64 

Members cannot contract with board 3974, 6975a 54, 116 

When members must not participate in an election of a 

teacher 6975a 116 

Must not accept or offer bribe 6975<j 116 

Contracts must be made at meeting 3974 54 

May receive compensation as what 3974 54 

May accept bequests 3975 55 

Process against, how served 3976 56 

Prosecuting attorney or city solicitor counsel for 3977 56 

To decide tie votes by lot 3978 57 

Shall appoint to fill vacancy inboard 3978 57 

Oath to be taken b5' members and officers 3979 58 

Organization, time and mode of 3980 58 

Shall appoint an auditor of accounts 3980 58 

Vacancies, how filled and when 3981 58 

Quorum, yeas and nays when taken 3982 60 

Absence of president or clerk to be filled by appoint- 
ment * 3980, 3983 58, 61 

Record of proceedings, attestation 3984 62 

Shall make rules and regulations 3985 63 

Members of, must be notified of meetings 3985 63 

May enforce vaccination 3986 63 

To build, enlarge, repair school-houses, etc 3987 67 



174 



INDEX. 



3987 


67 


3987(1) 


63 


3988 


68 


3989 


70 


3990 


71 


3958 


44 


3959 


45 


3960 


45 


3991 


71 


3992 


72 


3993 


73 


3994 


73 


3995 


74 


1 


75 


3996 


75 


4022 


95 


4022a 


95 


4026 • 


96 


3 


91 




91 


3 


91 



BOARD OF EDUCATION— Continued^ SECTION. PAGE. 

May purchase rights of way, build fences, plant orna- 
mental trees, etc ,. 

May open school houses for literary purposes, etc 

May let bids and contract for building school-houses 

Proceedings of, when necessary to rebuild school-house, 
etc, in joint sub-district 

May appropriate property', when , 

Must make levy for contingent purpose 

Maximum amount of such levy 

Estimate to be certified to county auditor 

May submit to voters question of tax levy 

To certify such levy to auditor, if approved 

How anticipate levy, by issue of bonds 

How issue bonds in city districts, first class 

May buy apparatus, books for library, etc., {See Libraries) 

May purchase "Howe's Historical Collections of Ohio"... 

May levy tax in city districts for library purposes 

May contract with other boards for admission of pupils... 

To permit children to attend nearest school, when 4022a 

May purchase books for indigent children 4026 

Must determine studies to be pursued, and text-books to 
be used 

Must contract with publishers for purchase of books 

Must sell same to pupils 

May contract with local retail dealer to furuish books to 

pupils , 3 91 

{For further powers and outies of board relative to school 
books and furnishing same to pupils, see " School Book 
Law") 89 

Must provide for the study of the nature of alchoic 

drinks and narcoties, etc '. 93 

Must provide sufficient schools 4007 79 

May establish schools of higher grade 4009,4009a, 4009-5, 80, 81 

May establish school at orphans' homes, infirmaries, etc.... 4010 83 

May provide evening schools 4012 84 

Must admit whom to -school, conditions 4013 84 

What boards may establish kindergarten schools 3958a 44 

Suspension and expulsion of pupils 4014 85 

To control schools, appoint officers, and for what term 4017 86 

May dismiss teachers, appointees, etc., for what cause 4017 86 

Shall cause the German language to be taught.... 4021 94 

Shall enforce attendance (See attendance enforced) 

Shall appoint truant officer 5 99 

Shall make an annual report (See Reports) 

Board may provide for the instruction of indigent chil- 
dren, when 9 102 

BONDS— 

How and when issued for school purposes 3993^4 73 

To be given by school officers, clerk of board 4050 117 

Treasurer of board 4043 112 

Clerk of examining board 4076, 4079 133, 134 

Institute committee 4086 136 

Forfeiture of bond of committee 4089 137 



INDEX. 175 

BONDS— Continued — SECTION. PAGE. 

State school commissioner 355 144 

Recording and riling treasurer's bond 4043 112 

To be given by parent, guardian, etc 1-7 . 100 

BOARD OF EXAMINERS— (See State Board, County 
Board, City and Village Boards.) 

BOARD OF INFIRMARY DIRECTORS— 

Powers and duties as to schools 4010 83 

BOARD OF TRUSTEES OF CHILDREN'S HOME OR 
ORPHANS' ASYLUM— 

Powers and duties as to schools 4010 83 

BOOKS— 

May be purchased for libraries 3995 74 

When furnished to pupils by boards 4026 96 

Purchase of books by board 3 90 

Disposal of, to pupils 3 90 

BRANCHES OF STUDY— 

Must be adopted by board 3 90 

On what teachers must be examined 2-4074 94-130 

" BEEBE LAW," — (Relative to uniform questions for ex- 
amination) 127 

"BOXWELL li&W"—(Re/atitfe to graduation of sub-dis- 
trict pupils) 131 

CERTIFICATE— 

Original or copy thereof to be filed with clerk 4051 117 

Issued by state board of examiners 4066 123 

Revocation of same 4067 124 

Issued by county board, for what term 4073 128 

Revocation of same 4073 12s 

When renewable without reexamination 4073 128 

No one shall teach without 4074 130 

Issued in city districts of first class 4081 134 

When renewable without reexamination 40S1 134 

Grades of certificates issued 4081 134 

Revocation of. 4081 134 

Issued in city districts of second class, and in villages 4084 135 

Certificates must not be antedated 4073 128i 

CHAIRMAN— 

Of election in village districts 3908, 3911, 3912; 3913, 22, 25, 25, 26 

Sub-districts % 3917 29 

Special districts * 3924 31 

Of election to change special district 3926 32 

CHANGE OF DISTRICTS— 

As to classification in cities 3889 7 

By transfer of territory 3893 8 

Appeal in certain cases 3893 8 

To change from special to township district 39^6 32 

To change township district to village district 3894 9 

CHARITY SCHOOL— (See Zanesville.) 

CINCINNATI AND TOLEDO UNIVERSITIES— 

Council of Cincinnati may accept educational trust 4095 140 

How trust funds to be applied 4096 140 



176 INDEX. 

CINCINNATI AND TOLEDO UNIVERSITIES— Continued— 

SECTION. PAGE. 

Trusteeship to vest in city 4097 141 

Appointment of directors of. 4098 141 

Powers of board 4099. 142 

Citizens not to be charged for admission or instruction of 

children 4100 142 

Accounts and expenditures 4101 142 

Board ma}' confer degrees, when 4102 142 

Sites and grounds 4103 143 

Tax, when and how levied 4104 143 

Provisions applicable to Toledo 4105 143 

CITY DISTRICTS OF THE FIRST CLASS— 

Classification of. 3886 6 

Changes in 3889 7 

Board, how constituted 3897 10 

When two members from each ward, how elected 3898 11 

. When board to consist of a school council and a school 

director. 13 

how and when elected 3, 7 13, 14 

Where electors, not residing in wards, to vote 3900 19 

Plat of attached territory 3900 19 

Conduct of elections 3901 19 

How electors on attached territory cast ballots 3902 20 

Time of regular and special meetings of board 3903, 3980 21, 58 

Board to fill vacancies, to make rules and regulations... 3903, 3931 21, 58 

Bonds, when and how issued 3994 73 

Who to be treasurer of school fund : 4042 112 

Annual report, to be published 4059 121 

Board of education to appoint examining board 4077 133 

Institute, may be provided for 4092 138 

Institutes, teachers may unite for 4093 139 

( See Board of Education.) 

CITY DISTRICTS OF THE SECOND CLASS— 

Classification of. 3887 6 

Changes in 3889 7 

Membership of board and how increased 3904 21 

Election of members ; -3905 21 

Election, conduct of 3906 22 

Election, where there are as many members as wards 3907 22 

Treasurer of school fund, who 4042 112 

Institutes, teachers may unite for 4093 139 

CITY AND VILLAGE EXAMINERS— 

Ineligible, who 4077, 4084, 4085 133, 135, 136 

Boards in city districts of first class 4077 133 

Standard of qualification for teachers 4078 134 

May secure assistance 4078 134 

Organization of board, bond of clerk 4079 134 

Meetings and notice of same 4080 134 

Examination fees 4081 134 

Grades of certificates issued 4081 134 

Compensation of, incidental expenses 4082 135 

Clerk, duty of, disposition of fees 4083 135 

Law same for all citv and village districts.... 4084 135 



INDEX. 177 

CLASSIFICATION AND CHANGE OF DISTRICTS— section. pagk. 

Different classes, changes of, etc 3885, 3892 5, 8 

CLERK BOARD OF EDUCATION— 

To certify transfer of territory 3983, 8 

To give notic£ of election 3909 24 

Township clerk entitled to vote in case of tie 3915 28 

Process served on board by leaving copy with : . . . . 3976 50 

Roll of members must be called by, when 3982 60 

Absence from meeting 3983 61 

Record of proceedings to be kept by, and signed 3984 62 

Shall draw order for pay of teachers 4018 87 

Unlawful to draw orders for pay of teachers, when 4051 117 

May excuse child from attendance at school 1 96 

Shall be judge of the qualifications of private teachers, 

when „ 1, 3 96, 98 

Shall certify to ability of children to read and write, when 3 98 

Truant officer to mark reports to 5 99 

Blanks must be provided by 5 99 

Principals and teachers to report to 6 100 

Return of enumeration to be made to 4032 109 

Must transfer abstract of enumeration to county auditor.. 4035 110 

Auditor to act when clerk fails 4036 110 

Bond of treasurer, to receive and file 4043 112 

Money to be counted in his presence 4043 112 

Money paid into treasury on his order 4047 115 

To furnish auditor statement of funds in treasurer's 

hands 4048 115 

Must give bond 4050 117 

Duties as to statistics 4052 IIS 

To publish receipts and disbursements 4053 119 

To deliver books to successor 4054 119 

To keep accounts with treasurer 4055 119 

Compensation of. 4056 119 

Report appointment of examiners in city districts 4077 133 

Shall report institute, city districts, first class 4092 138 

Clerk of township board must attend March meeting of 

township trustees (Sec. 1458, R. S., O. L., vol. 90, page 98) 

CLEVELAND— 

Library board, how elected 4000 76 

Powers and duties of such board 4001 77 

Money raised by taxation, how expended 4002 77 

Manual and domestic training for children 149 

COLUMBUS— 

Board may convey lands for pqrk purposes 150 

Board of education, how elected 151 

COMMISSIONER — (See Commissioner Common Schools, 

County Commissioner, and Joint Sub-district.) 
COMMON SCHOOL FUND— (See School Funds.) 
COMPULSORY ATTENDANCE— (See Attendance Enforced) 

CONSOLIDATION OF SUB-DISTRICTS— 

Election in case of 3922 31 

12 



178 INDEX. 

CONTINGENT FUND— section. page.. 

Levy by board of education 3958 44 

How apportioned 3967 48 

Appeal from apportionment, by local board 3967 48 

Howapplied in Toledo 3968 49 

CONTRACTS— 

Power of board to contract 3971 52 

Members cannot contract with board 3974 54 

Member must not vote for relative for teacher, when 6975a 116 

Must be made at meeting 3974 54 

Directions for letting 3988 68 

Between boards for schooling pupils 4022 95 

COUNTY AUDITOR— 

School levy to be certified to 3960 45 

Duties as to funds of district in more than one county 3963 47 

Apportionment of school fund, how made 3964 47 

Of money not otherwise appropriated 3964 47 

Distribution of money after apportionment 3965 47 

Apportionment common school fund when count}' lines ;• 

divide original township 3966 48 

Collect fines and inspect section sixteen accouuts 3970 ■*' 50 

Receive abstract of enumeration from clerk 4035 110 

Have enumeration taken if clerk fails 4036 IK) 

Furnish abstract of enumeration to commissioner 4039 111 

School treasurers to settle with, annually 4044 114 

Collect penalty for failure to settle 4045 11-1 

Miscellaneous receipts to be reported to him 4047 115 

May allow treasurer to retain what amount of funds 4018 115 

Copy of clerk's bond must be filed with 4050 117 

Receive statistical statements from clerks 4052, 4057 118, • 120 

Furnish commissioner with abstract of statistics ' 4060 121 

Distribute blanks, books, circulars, etc 4060 121 

Penalty against auditor and clerk 4060, 4061 121, 122 

May appoint persons to make reports 4062 122 

Penalty for failure to make enumeration return 4063 122 

His compensation 4064 122 

Report of examination fees made to him 4072, 4084 128, 135 

Furnish blanks, books, etc., to examiners 4075 132 

Keep on file bond of clerk of examiners 4076 133 

Bonds of institute committee to be approved by him 4086 13i> 

Give committee order for institute fund 4087 137 

Give commissioner's examiner access to papers 364 14C> 

COUNTY BOARD OF EXAMINERS— 

Appointment, term, vacancy 4060 124 

Who may and who may not be examiners 4069 TJ4 

Organization, president, clerk, duties of each 4070 125 

Meetings, examination fees 4071 125 

Disposition of fees 4072 128 

Traveling expenses 4072 128 

Duration of certificates and when valid 4073 128 

Revocation of certificates 4073 128 

Qualifications of teachers 4074 130 

Compensation of, incidentals, etc 4075 132 



INDEX. 1 7". i 

COUNTY BOARD OF EXAMINERS— Continued— SECTION. PAGE. 

Annual report of clerk, bond, etc 4076 138 

Ineligible as examiner, who 4069, 4085 124, 186 

Duties under " Boxwell Daw" 131 

Uniform questions furnished to 4071a 127 

Use of same optional with 4071a 127 

COUNTY COMMISSIONERS— 

Appeal to in transfer of territory 3893 8 

Appeal to, to revise apportionment contingent fund 3967 48 

May perform duties of board of education, when 39(39 4'.» 

Compensate auditor for reports made 4064 122 

May receive bequests and donations 149 

COUNCIL OF MUNICIPAL CORPORATION— 

May sell or exchange property with board 3971 52 

COUNTY TREASURER— 

Duties with reference to State school funds 3956 43 

Collect school taxes 3960 45 

Fees for same 3960 45 

Duty when district lies in more than one county 3963 47 

COURSE OF STUDY- 
HOW and by whom adopted ; textbooks 3 90 

German to be taught, when 4021 94 

Physiology and hygiene, etc., must be taught 1 93 

DAYTON— 

Library board, how elected 1, 2 150 

Powers and duties of. 3, 4 150 

DIRECTORS— 

Election of.. 3916 28 

Conduct of election 3917 29 

May appeal from apportionment of contingent fund 3967 48 

Required to post notices of election 3917 2:' 

Election of, when two districts are consolidated 3922 31 

Election of, when special district is abandoned 3927 33 

Must take enumeration in sub-district, and make return 

of same 4032 35 

DISMISSAL OF TEACHERS, JANITORS, ETC.— 

Cause for 4017, 3 86, 94 

DISTRICTS — (See Classification and Change of Districts) 

Funds of, when lying in more than one county 3963 47 

ELECTIONS— 

City districts, first class 3897, 3902 

City districts, second class 3901, 3907 

Village districts 3908, 3913 

Sub-districts 3916, 3917 

Special districts 3924, 3926 

EMBEZZLEMENT— 

By member board of education 4047 (note) 115 

ENGLISH LANGUAGE— 

Certain children who cannot read and write, must attend 

school 3, 4 98, 99 



10 


20 


21 


22 


22 


1 6 


28 


29 


31 


32 



180 iNDEX. 

ENUMERATION— section. page. 

Taken when, and how often 4030 108 

Enumerators must take oath 4031 109 

What facts enumeration must contain , 4031 100 

Enumerators must make affidavit to correctness of return 4031 109 

Compensation for same..... 4031 109 

Director must take in sub-districts 4032 109 

How taken in joint sub-districts 4034 109 

Clerk of «board to transmit abstract to auditor 4035 110 

Auditor to act, if clerk fails 4036 110 

When county line divides original township 4037 111 

Penalty for failure to enumerate 4033 111 

Auditor to furnish abstract to state commissioner 40i9 111 

If excessive, state commissioner to have it re-taken 4040 111 

Penalty for false returns 4041 112 

EVENING SCHOOLS— 

Established by board on petition 4012 84 

What the petition must contain 4012 84 

Action of board upon receiving the petition 4012 84 

Only regularly certificated teachers eligible to teach in 4012 84 

When the board may discontinue such school 4012 84 

Persons over twenty-one may be permitted to attend 4012a 84 

Minors between the ages of 14 and 16 must attend, when... 3 98 

EXAMINERS— (See State Board of Examiners, County 
Board Examiners, City and Village Examiners) 

EXAMINATION FEES— 

. State certificates 4068 12 4 

County certificates 4071 l'M> 

Certificates, city districts, first class 4081 134 

Disposition of. 4072, 4083 128, 135 

EXECUTION— 

School property exempt from 3973 64 

expulsion of pupils- 
how done, and for what length of time 4014 85 

FEES — ( See Examination Eces.) 

FINES— (See Penalty.) 

FORMS FOR REPORTS— 

Prepared by school commissioner 359 14» 

FRAUD— 

In use of school money, 'to be investigated 364 . 146 

FUEL— 

Contracts for 3987 67 

FUNDS— (See School Funds.) 

GERMAN LANGUAGE— 

To be taught, when 4021 94 

HOLIDAYS— 

What are legal holidays 4015 86 

INSTITUTES— (See Teachers' Institutes) 



INDEX. 181 

INTEREST— SECTION. PAGE. 

On irreducible school fund 8952, 3954 41, 42 

INTERPRETATION OF SCHOOL LAW— 

Rules of. 3 

IRREDUCIBLE SCHOOL FUND— (See School Fund.) 

JANITOR— 

Employed by board of education 4017 80 

Elected for what term, dismissal of. 4017 86 

For county examiners 407? 132 

JOINT SUB-DISTRICTS— 

Township boards may establish, for what purpose 3928 34 

The board to designate site for school house 3928 34 

Governed and supported, how 3929 35 

Other provisions for establishment of. 3930 35 

Established on petition of three or more persons 3931 35 

What petition to contain 3932 35 

Clerk to give notice of filing 3933 35 

Petition or remonstrance may be filed with probate judge... 3934 35 

Petitioners to give security for costs 3935 30 

Time and place of meeting of commissioners 3936 30 

Publication of notice 3937 37 

Commissioners to be appointed 8938 38 

Oath and duty of commissioners 3939 ' 30 

Clerks to present plats and papers 3940 37 

Report of commissioners 3941 37 

Commissioners to designate site for school house, when... 3941 37 
Board to make estimate to purchase site and build school 

house 3941a 37 

Effect of the report of the commissioners 3942 37 

Judgment for costs, what fees allowed 8943 38 

Report and judgment for sub-district 3944 38 

Costs in case of establishment of sub-district 3945 3S 

Petition for new sub-district, special district, etc 3946 38 

Proceedings thereon 3947 39 

When petition or remonstrance may be filed with probate 

judge 3948 39 

Election and duties of directors 3849 39 

Joint sub-districts, how changed, altered, dissolve,! 3950 40 

May not be changed or dissolved until after five years, ex- 
cept by order of the court. 3950 40 

Appeal to probate court for dissolution 8950 40 

Estimate and levy of contingent fund, how made 3961 46 

Funds of, how apportioned and transferred by auditor 3961 46 

Estimate and levy when county line divides sub-district... 3962 46 
When school house to be rebuilt, site may be changed by 

majority vote of board of education 3989 70 

Director of, to take enumeration 4034 109 

KINDERGARTEN SCHOOLS— 

Maybe established 3958a 44 

LEASING SCHOOL LANDS— (See Section 1404, Revised 
Statutes.) 

LEASING— 

School sites or rights of wav thereto 39S7 67 



182 INDEX. 

LEVY FOR SCHOOL PURPOSES— section. page. 

For state common school fund 3951 41 

To be made by boards of education 3958 44 

Boards may levy for kindergarten schools 3()58rt 44 

Amount of levy 3959 45 

Townships establishing high school can levy ten mills 2 82 

Additional levy submitted to voters, when and how 3991 71 

If approved, to be certified to auditor 3992 72 

Levy anticipated, how 3993 73 

For city libraries... 3996 74 

LIBRARIES— 

Boards may appropriate money for, amount of. 3995 74 

Levy for city libraries 399/6 75 

How expended 3997 75 

Board may appoint librarian 3998 76 

Board may make rules and regulations , 3998 7% 

Board of managers may be appointed in certain cases 3999 7W 

Library board to be elected in Cleveland 4009 7t> 

Powers and duties of such board 4001 77 

Library tax,how expended 4002 77 

Consolidation of Portsmouth libraries 4003 77 

Board to appoint library committee 4004 78 

Powers and duties of such committee -4005 78 

Power to levy tax 4006 78 

LOCATION OF SCHOOL HOUSES— 

Place most convenient for greatest number 4007 79 

MEETINGS OF BOARDS OF EDUCATION— 

In cities of first class 3903 21 

Meeting of township board 3920 3* 

Special meetings, how called 8920 3D 

Contracts must be made at meeting 3974 54 

Absence of president or clerk pro tern., officer may be 

chosen : 3983 61 

Special meeting not legal unless all members notified 3985 63 

Text-books and course of study determined at regular 

meeting 3 90 

MEETINGS OF BOARDS OF EXAMINERS— 

County examiners, number of meetings, etc 4071, 40711? 125, 127 

Meetings to be published 4071 125 

City examiners, districts of first class 4080 134 

City districts second class, and village districts 4084 135 

MONEY— 

Fraudulent use of. : 364 H« 

MONTH— 

School month, what 4016 8( 

NOTICE— 

Elections — (See Elections) 

Examinations to be published 4071, 40SQ 125, 134 

Truant officer to notify parents of absence of children 

from school 7 100 

Board of county visitors must be notified, when. 11 104 



index. 16;; 

OATH— SECTION. PAGE. 

To be taken by school officers 3979 58 

ORGANIZATION OF -BOARDS— 

Manner and time of. 3980 58 

PENALTY— 

Members of board failing to perforin duty may be fined... .">!'(>() 49 

For various offenses 3970 (notes) 50 

Company or corporation liable to penalty, for what.. 2. ."!, 11, 12, 98,98, 104, 104 

Parent or guardian liable to penalty, for what 7,11,12, 100, 104, 104 

Persons and officers neglecting to perform certain duties 

liable to fine 11 104 

For voting for relative for teacher 6975a R. S. 116 

For offering bribe or reward 6975a R. S. 116 

For accepting bribe by employe or officer of board 6975a R. S. 116 

For fraudulent enumeration return 4041 112 

Failure of treasurer to settle with auditor 4045 114 

Failure of auditor to furnish report 4060 121 

Failure of aviditor to make enumeration return 4003 122 

Failure of executive committee of institute to report to 

the commissioner 4088 137 

Defacing property, disturbing meeting etc 3972 (not^s) 53 

For willfully disturbing school o972 (notes) 53 

PERSONAL PROPERTY— ( See Real or Personal Properly.) 

petition- 
To change township district to village districf 3S94 9 

For joint sub-district 3932 35 

To create a new sub-district, or special district 3046 38 

PRESIDENT OF BOARD— 

Process on board served by leaving copy with 3976 56 

Absence from a meeting supplied by pro tempore presi- 
dent s 3983 61 

Sign minutes of meetings 3984 62 

Sign orders for payment of money 4047 115 

Keep clerk's bond on deposit 4050 117 

President of township board required to attend March 
meeting of township trustees, (145S, R. S., O. L., vol. 90, 
page 98) 

PRIVATE SCHOOLS— 

Shall report to school commissioner 363 146 

PROBATE JUDGE— (See Joint Sub- Districts.) 

Appoint county examiners 4069 124 

Report to school commissioner name and address of 

appointee's 4069 124 

May revoke appointment of examiner for inefficiency, etc.. 4069 124 

To hear complaint against juvenile disorderly person 8 101 

Children entitled to attend institution for deaf and dumb, 

and blind, must be reported to 10 103 

process- 
how served against board 3976 56 

PROSECUTING ATTORNEY— 

Counsel for boards of education 3977 56 

Prosecute for fraudulent use of money, etc 366 147 

Prosecute on forfeiture of bond of executive committee.. 4089 137 



184 INDEX. 

PROVISIONS APPLYING TO ALL BOARDS— (See Boards 

of Education) 

QUORUM — SECTION. PAGE. 

Necessary to transact business 3982 60 

REAL OR PERSONAL PROPERTY— 

How sold or exchanged 3971 52 

i Title, in whom vested 3972 53 

Exempt from sale on execution 3973 54 

RECEIPTS AND DISBURSEMENTS— 

Itemized statement to be published 4053 119 

Boards to make report to county auditor 4057 120 

RELATIVES— 

Members of board cannot vote to employ certain relatives 
or teachers 6975a 110 

REMONSTRANCE— ( See Joint Sub-District) 
REPORTS— 

Receipts, expenditures and statistics to be reported to 

auditor 4057 120 

In what form reports shall be made 4058 12U 

Superintendents and teachers to report annually to county 

auditor , 4059 121 

Boards of city districts, first class, shall publish annual 

reports ; 4059 121 

Auditor to make report of statistics to commissioner 4060 121 

Auditor to distribute circulars, blanks, etc 4060 121 

Penalty for failure to perform these duties 4060, 4061, 4063 122 

Auditor to appoint person to make report when clerk fails.. 4062 122 
Examiner of alleged defalcation to report to commis- 
sioner and court 365 147 

RESIDENCE— 

Without, but homestead within district 4013 84 

REVOCATION— 

Certificate by state board of examiners..... 4068 124 

Certificate by county board 4073 128 

Certificate by examiners, city districts, first class 4081 134 

Appointment of county examiner 4069 124 

Appointment of city examiner 4077 133 

RULES OF INTERPRETATION OF LAW— 

As laid down by courts 3 

RULES AND REGULATIONS— 

Boards of education, for their own government 3903, 3985 21,63 

Governing pupils and appointees 3985 63 

SALT AND SWAMP LANDS— (See School Funds.) 

SALARIES— 

May be increased but not diminished 4017 86 

SCHOOLS— 

Sufficient number must be provided 4007 79 

Location and continuance of schools 4007 79 

At least one primary school in each sub-district 4007 79 

Higher grade than primary may be established 4009 80 

C tnnot be abolished for three years after establishment... 4009 80 



INDEX. 186 

SCHOOLS — Continued— SECTION. page. 

Township, village and special districts may unite to es- 

tablish township high school 4000a 81 

How these districts may unite 40006 81 

How sustained in children's homes, orphans' asylums, in- 
firmaries 4010 83 

To be under control of trustees of institution 4010 83 

Youth to be sent to charity school at Zauesville 4011 84 

Evening schools to be established 4012 84 

Who may be admitted to school free 4013 84 

Tax of non-resident to be credited on tuition 4013 84 

Assignment of youth by board 4013 84 

Suspension and expulsion of pupils 4014 85 

School holidays 4015 86 

School year, month and week 4016 86 

Board to control schools and appoint all teachers and em- 
ployes 4017 86 

May dismiss appointees 4017 86 

Board may increase but not diminish salary during term.. 4017 86 

Board to fix salary and pay teachers '. 4017, 4018 86,87 

Teachers dismissed for insufficient reasons may bring suit. 4019 87 

Boards to determine text-books and course of study 3 90 

German language shall be taught, when 4021 94 

Pupils may be sent from one district to another, when..4022, 4022a 95, 95 

SCHOOL AGE— 

Unmarried youth between six and twenty-one ( see note b 

to 4013) 4030 108 

SCHOOL ATTENDANCE— ( See Attendance Enforced.) 
SCHOOL DISTRICTS— ( See Classification and Change of 
Districts) 

SCHOOL FUNDS— 

"State common school fund " 3951 41 

Interest on proceeds of sales of salt and swamp lauds, etc 3952 41 

" Common school fund," origin of and income from 3953 42 

Accounts of, how kept 3954 42 

An irreducible debt 3954 42 

Bequests in trust for 3955 42 

Apportionment of state common school fund, etc 3956 43 

Common school fund, interest on, where paid, when 

county line divides original surveyed township 3957 44 

Board to levy for school purposes, when 3958 4 t 

Board to estimate amount necessary to continue schools... 3958 44 

Amount of levy boards may make 3959 (sec. 2) 45,82 

Estimate made by board to be certified to county auditor.. 3960 15 

SCHOOL FUNDS— 

Estimate of contingent fund for joint sub-district 3961 46 

Estimate when county line divides such sub-district........ 3962 46 

Funds of a district in more than one county, to whom paid.. 3963 47 

County auditor to apportion funds, how 3964 47 

Distribution of money after apportionment. 3965 47 

Of common school fund when county line divides original 

township 3966 48 



186 INDEX. 

SCHOOL FUNDS— Continued— section. PAGE. 

Contingent fund so apportioned that schools shall be 

continued the same length of time 3967 48 

Appeal may be made to county commissioners when ap- 
pointment is unsatisfactory 3067 48 

Funds apportioned among sub-districts can not be reap- 
portioned 3967 48 

Contingent fund, how applied at Toledo 3968 49 

County commissioners to levy contingent fund, when 3969 49 

Members of board failing to make estimate subject to 

fine 3969 49 

County auditor to collect fines, and inspect section 16 ac- 

counts 3970 50 

Treasurer to produce school funds to be counted by board. 4043 112 

Supervision over school fund by school commissioner 358 145 

SCHOOL HOUSES— 

To be provided by boards of education 3987 67 

Directions for bidding and letting contracts 3988 68 

Erection of houses in joint sub-districts 3989 70 

Boards may condemn lands for school-house sites 3990 71 

Tax levy submitted to voters, when and how 3991 71 

If approved to be certified to auditor 3992 72 

Levy may be anticipated by borrowing money 3993 73 

Clerk to keep record of bonds 3993 73 

Bonds, how issued by city districts of the first class 3994 73 

Defacing school-house, burning, stealing from, etc 3972 (notes) 53 

Safety of— ( See Sections 2568, 257 2, 70 1 0, Revised Statutes.) - 

School-houses may be used by literary societies, etc 3987 (1) 68 

SCHOOL LAWS— 

Distribution of, how and when 361 145 

SCHOOL LIBRARIAN— ( See Libraries.) 
SCHOOL MONTH (See Month.) 
.SCHOOL ROOMS— 

Renting of by boards 3987 67 

school report- 
To be made annually 361 145 

Number copies — ( See Sections 63, 64, Revised Statutes.) 

What it shall present 362 146 

SCHOOL YEAR— (See Year.) 

SITES— 

Board to furnish 3987 67 

Submission of tax levy for 3991 71 

SPECIAL MEETINGS— (See Meetings) 

SPECIAL DISTRICTS— 

Classification of. ., , 3891 71 

Formed or altered, how 3946 38 

Board, how constituted, and how increased 3923 31 

Election of members of board 3924 31 

Notice and conduct of election 3925 32 

How abandoned 3926 32 

Disposition of property 3927 33 

Treasurer, how chosen 4042 112 



INDEX. 1ST 

SPKCIAL DISTRICTS— Continued— SECTION. page. 

Teachers may unite for institute 4<i<);; 139 

May unite with township and village districts to establish 

township high school 4009a. 4009* SI 

STATE BOARD OF EXAMINERS— 

Appointment of, term of office, vacancy, etc ^ 4065 123 

Grades of certificates to be issued 4066 123 

Shall supersede all other certificates 40(>7 124 

Examination fees 40(58 124 

Compensation and expenses of examiners 40(18 l'J4 

STATE COMMISSIONER OF COMMON SCHOOLS— 

Vote to be returned to him when a township votes? on the 

question of becoming a village district 3895 !» 

, Abstract of enumeration to be furnished him 4030 108 

Duty when he deems enumeration excessive 4010 111 

Furnish blanks for report 4058 ] tl 

May require reports to be made to him direct 4058 lli«i 

Certificate to county auditor for reports made 40(54 122 

Shall appoint state board of examiners , 4065 123 

To countersign state certificates 40(57 124 

To be notified of the appointment of examiners 4069, 4077, 4084 124, 133, 135 

Report of examinations to be forwarded to 4076, 408'!, 4084 1 :!.">, 135, 135 

To receive reports of institutes 408(5, 4088, 4094 136, 137, 13«J 

May hold institute, when 4090 138 

Shall be elected tri-ennially :>.~)4 144 

Term of office 354 144 

Vacancy filled by appointment of governor 354 141 

His official bond and oath 355 ]44 

Office to be at seat of »overnment 356 144 

To visit the several judicial districts!..'. 357 14 "> 

His supervision over school funds...... 358 145 

May require reports from county auditor and school officers 358 ] 45 

Shall prepare forms and regu'ations for reports 359 145 

To assist in preparing questions for count}- boards of ex- 
aminers 407Irt 127 

Duties as to distribution of school laws 36J 145 

Annual report, when made 361 145 

Number of copies — (See Sections 63, 64, Revised Statutes.) 

What it shall present 362 146 

Shall require reports from private schools, etc 363 14(i 

Duty on complaint of fraudulent use of money 364 146 

Appointment of accountant to investigate such misuse 364 146 

Accountant's powers and duties 865 147 

Compensation of accountant :!(35 147 

How payment thereof made 865 147 

Adverse report given to grand jury 866 147 

Prosecuting attorney to institute proper proceedings M(5o 147 

STATE COMMON SCHOOL FUND— (See School Jh'unds.) 

STATE CERTIFICATES— (See Certificates.) 

STATISTICS— 

Duties of clerk in regard to 4052 118 

Duty of board of education and auditor 4057, 40(54 120, 12_' 



188 INDEX. 

STEALING SCHOOL PROPERTY— section. page. 

Penalty for 3972 (notes) 53 

STUDIES— 

Determined by board of education 3 90 

SUB-DISTRICTS— 

Number of pupils to each 3921 30 

Established, when and how 3921 30 

Number of may be increased or diminished i y board 2921 30 

Consolidation of districts or formation of new districts... 3922 31 

Election of directors therein 3922 31 

How formed or altered by petition 3946 38 

Apportionment of contingent fund to 3967 48 

One primary school must be established in each ..."*. 4007 79 

Dismissal of teachers 4017 86 

Director of sub-district to take enumeration 4032 10.' 

SUITS— 

May be brought by or against board of education 3971 52 

Teachers dismissed for insufficient cause may bring suit.. 4019 87 

SUPERINTENDENT AND ASSISTANTS— 

Appointment by board of education 4017 86 

Reports required of them 4059 121 

To give city boards of examiners information 4078 134 

May be dismissed for refusing to give instruction in the 

effects of alcoholic drinks and narcotics 3 94 

Superintendent may excuse attendance of pupils 1 96 

To judge of the qualifications of private teachers, when .. 1,3 90, 98 

To direct truant officer in performance of his duties 5, 7 99, 100 

To receive reports of truant officer 5 99 

Subject to fine for non-performance of duty under com- 
pulsory education act 11 104 

SUPERINTENDENT OF BUILDINGS— 

Maybe appointed by board 4017 86 

SUSPENSION OF PUPILS- 
HOW done, and for what time 4014 85 

TAX— 

Rate of state tax to be designated by the general assembly 3951 41 

Levied by board of education 3958 44 

Limit of levy 3959 45 

School property exempt from ,. 3973 54 

For school houses and sites, when and how submitted to 

votes 3991 71 

To be certified to auditor if approved 3992 72 

How anticipated 3993 73 

Levy for city libraries 3996 75 

Library tax, how expended 3997 75 

Of non-resident pupils to be credited on tuition 4013 84 

TEACHERS— 

Appointed by board and for what length of time , 4017 86 

Dismissed by boards of education 4017 86 

Teachers dismissed for insufficient cause may bring suit .. 4 »19 87 

Reports required of them 4051, 4059 117, 121 

Who only may be employed 4074 130 



INDEX. 189 

TEACHERS— Continued-- ' section. page. 

Payment of, when certificate revoked 4073, 4081 1'28, 134 

Qualifications of. 407 1 186 

Number necessary to organize institute 1080 . 130 

May dismiss their schools to attend institute 4091 138 

May be dismissed for refusing to give instruction on the 

effects of alcoholic drinks and narcotics 3 94 

May suspend pupils temporarily 1014 85 

Must report names, ages, residence of pupils to board of 

education 6 100 

Subject to fine for non-performance of duty under compul- 
sory education act 11 104 

TEACHERS' INSTITUTE— 

Organization of in county 4080 136 

Bond of executive committee 408 1 13(3 

Report to school commissioner 4086, 4088 130, 137 

Pa3'tnent of institute fund to executive committee 4087 137 

Funds not disbursed to be returned 40S7 137 

Forfeiture committee's bond, etc 408!) 137 

School commissioner may hold institute, when 401)0 138 

What teachers may dismiss school to attend 4091 138 

May be provided for in city districts of first class 4092 138 

How supported 4092 138 

Reports to be made to commissioner 4094 139 

Teachers of graded schools in adjacent counties may unite 

for 4093 139 

Length of session 4U94 139 

TEACHERS' INSTITUTE FUND— 

Source of, in counties 4072 128 

In cities : 4083 135 

Condition of to be reported by auditor to the commissioner 4060 121 
TERRITORY— 

Transfer of 3893 8 

Annexed or detached for school purposes 3886 6 

TEXT-BOOKS— 

How determined and changed 3 90 

May be purchased direct from publishers by board of edu- 
cation 3 90 

May be furnished free to indigent children 4020 96 

TIE VOTE— ' 

To be decided by lot 3978 5 7 

TOLEDO— 

Contingent fund, how applied in 3963 49 

(See Cincinnati and Toledo Universities.) 
TOWNSHIP BOARD— 

Constituted, how .' 3915 28 

Organization, when and how effected 3980 58 

May submit to vote the question of changing to village dis- 
trict 3894 9 

Must hold regular sessious, when 3920 30 

Regular and special meetings how called 3920 30 

Shall prescribe a course of study and text-books 3 9 i 

' Maj' establish township high school 4009 8<J 



190 INDEX. 

TOWNSHIP BOARD— Continued— section. page. 
To have management and control of such school of higher 

grade 1 82 

Township board may levy ten mills for school purposes, 

when 2 82 

May appoint township superintendent 4017 86 

May appoint teachers, janitor and other employes 4017 86 

Unlawful to employ teachers, when 4018 86 

May increase or diminish the number of sub-districts 3921 30 

Must prepare map of township district 3921 30 

May consolidate sub-districts 3922 31 

Give notice of election in new district 3922 31 

May assign youth to schools 4013 84 

May contract with other boards for admission of pupils... 4022 95 

Board must permit children to attend nearest school, when 4022a 95 

Ma}' open school houses for literary exercises, etc 3987 (1) .68 

Must provide for giving instruction as to the nature of al- 
coholic drinks and narcotics, etc 1 93 

Must approve treasurer's bond 4043 112 

Must make levy for school purposes 3958 44 

May sell and exchange real estate 3971 • 52 

Vacancies, how filled 3981 58 

Shall make rules and regulations 3985 63 

No special meeting legal unless all members are notified. 3985 63 

May enforce vaccination 3986 63 

Empowered to build and repair school-houses, etc 3987 67 

May appropriate property for buildings or sites 3990 71 

May submit to vote question of tax levy, when 3991 71 

Certify to county auditor if approved 3992 72 

Board may anticipate levy, when :1993 73 

Shall enforce attendance — (See Attendance Enforced.) 
Shall appoint some constable or other person as truant 

officer 5 99 

TOWNSHIP CLERK— 

Clerk and member of township board 3915 28 

Shall vote in case of tie 3915 28 

May excuse pupil from school attendance, when 1 90 

Shall call the roll of members of board, and record vote.when 2982 60 

To receive books from publishers, and examine the same. 3 90 

To perform certain duties under the " Boxwell Law" 2 131 

( For further duties see Clerk Board of Education.) 

TOWNSHIP DISTRICTS— * 

Township district consists of what 3890 7 

May become village districts 3S94, 3896 9 

Township treasurer to be treasurer oi 4042 112 

Transfer of territory from one district to another 3893 8 

TRAVELING EXPENSES— 

State examiners 4068 124 

County examiners 4075 132 

Examiner appointed by commissioner 365 147 

TREASURER— 

Who to be treasurer of school funds 4942 112 

Must give bond approved by board of education 4043 112 

Funds must be produced and counted 4043 112 

Township treasurer must meet with township trustees and 

settle with board of education in March. (1485 R. S., O. 

L., vol. 90 page 98) 



INDEX. 191 

TREASURER— Continued— SECT on. pace. 

Recording and filing of bond, new bond, release of 

surety, etc 4043 (notes) 112 

Bond to be filed with clerk and copy with auditor 4043 1 12 

Shall settle annually with auditor 4044 111 

Penalty for failure to make settlement ! 4045 1 I 1 

Balance on hand to be reported to board 4046 113 

Shall not pay out money except on orders signed by presi- 
dent and countersigned by clerk K>17 11"> 

Maximum amount of funds may hold 4'>48 113 

Shall deliver to his successor all moneys, books, papers, 

etc., belonging to the district 41)49 116 

Shall keep separate account of each fund 4035 1 19 

Each account shall be balanced at close of school year... 4055 1 19 

Compensation of 4042, 4056 112, 119 

When, in city districts of the first class, to pay over insti- 
tute fund to county treasurer 4002 • 138 

TREASURER OF COUNTY— (See County Treasurer.) 

TUITION— 

Non-resident pupils to have credit for tax paid 4013 84 

VACANCIES— 

In boards of education, how filled 3903, 3981 21, 58 

In state board of examiners 4065 Y1W 

In county board of examiners 4069 124 

Iu city and village boards of examiners 4077, 4084 133, 135 

In office of state school commissioner 354 144 

VACCINATION— 

May be enforced by board 3986 63 

VILLAGE DISTRICT— 

What constitutes 3SS8 7 

How organized out of townships 3894; 3896 9 

Election of members of board 3908 22 

Number of members in board 3908 22 

Notice of election shall be published by clerk 3909 24 

Returns to be made to clerk of board 3910 25 

How membership of board increased 3911 25 

How a village may become a village district 3912 2~> 

How village district organized 3913 26 

Organization of board, when 3914 27 

Boundaries, how changed by petition 3946 38 

Treastirer chosen by the board : 4042 112 

Teachers may unite for institute 1093 l.v.' 

Boards of education in Hamilton county shall consist of 

five members 151 

WEEK— 

School week, what 40!ii Sti 

YEAS AND NAYS— 

Whui to be called 3982 60 

YEAR— 

Whit is a school year 4016 86 

YOUTH— 

Enumeration to be taken 4030 104 

Assignment of by board of education 4013 84 

Who entitled to school privileges 4013 84 

Attendance enforced 1, 3 96, 98 

ZANESVILLE— 

Charity school at. 4)11 84 



INDEX TO FORMS AND INSTRUCTIONS. 



CHAPTER I— FORMS FOR SCHOOL DIRECTORS— page. 

1. Notice of sub-district school meeting for election of director 153 

2. Poll-book for sub-district election 153 

3. Tally-sheet for sub-district election 154 

4. Minutes of sub-district school meeting 154. 

5. Certificate of election of director 155 

CHAPTER II— FORMS FOR TOWNSHIP BOARD OF EDUCATION— 

6. Notice of meeting to vote a tax for building purposes 155 

7. Oath of school director 155 

Appointment of cchool director to fill vacancy 156 

8. Certificate of teacher's pay 156 

9. Dismissal of teacher 156 

10. Notice of special meeting of township board..'. 156 

11. Certificates of annual estimates 157 

12. Certificate of annual estimates for joint school 157 

13. Different modes, of altering sub-districts 158 

14. Notice of election in a new sub-district 158 

15. Organization of a joint sub-district school 158 

16. Petition to board of education for joint sub-district ■. 159 

17. Clerk's notice to rnetubers of board 159 

18. Petition to probate judge 159 

19. Remonstrance against joint sub-district 160 

20. Appointment of commissioners by procate judge 160 

21. Report of commissioners 161 

Order on township treasurer for teacher's pay 161 

22. Order on treasurer other than for teacher's pa}- 161 

23. Lease to school district 162 

FORMS FOR CLERKS, TEACHERS AND TREASURERS— 

24. Township treasurer's bond as treasurer of the board of education i„ 162 

25. Certificate of treasurer's bond 163 

26. Treasurer's bond 163 

27. Clerk's bond 164 

2S. Township clerk's bond 165 

29. Report and ce^jficate of school funds in treasury , 165 

30. Final receipt of township treasurer 166 

31. Final receipt of township clerk 166 

FORMS UNDER COMPULSORY EDUCATION ACT— 

Notification to parent or guardian of non-attendance 166 

Notice to truant of non-attendance 167 

Notice to employers of youth 167 

Teacher's report : 168 

Report of truant officer 1 69 



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